IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
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`DEFENDANT MAPMYFITNESS, INC.’S SUPPLEMENTAL OBJECTIONS AND
`RESPONSES TO PLAINTIFFS’ FIRST SET OF INTERROGATORIES (NOS. 3, 6-12)
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, and Local Rule
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`26.1, Defendant MapMyFitness, Inc. (“MapMyFitness”) objects and responds to the
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`interrogatories served by Plaintiffs adidas AG and adidas America, Inc. (“adidas”) as follows.
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`GENERAL OBJECTIONS
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`MapMyFitness hereby incorporates by reference its General Objections to Plaintiffs’ First
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`Set of Interrogatories (Nos. 1-12) and the Definitions and Instructions therein.
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`SPECIFIC OBJECTIONS AND RESPONSES TO INTERROGATORIES
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`Subject to and without waiving the foregoing General Objections, MapMyFitness objects
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`and responds to adidas’s Interrogatories as follows:
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`INTERROGATORY NO. 3
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`For each Accused Product the identification of which is sought in Interrogatory No. 1,
`identify the three Persons most knowledgeable for each of the following: the technical aspects of
`the product including how the product functions or operates; how the product was designed and
`developed; marketing, advertising, promotion materials, or other public statements regarding the
`product; instructions and training provided to customers, distributors, or employees about how to
`use the product and its features; and the revenue, sales, licensing, supply, and profits associated
`with the products.
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`C.A. No. 14-130 (GMS)
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`)))))))))))
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`ADIDAS AG and
`ADIDAS AMERICA, INC.,
`
`
`v.
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`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.,
`
`
`Plaintiffs,
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`Defendants.
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`UA-1013.001
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`

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`
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`Appendix
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`J-8
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`J-9
`K-1
`K-2
`K-3
`K-4
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`K-5
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`K-6
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`K-7
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`K-8
`K-9
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`K-10
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`L-1
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`L-2
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`L-3
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`L-4
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`L-5
`L-6
`L-7
`L-8
`L-9
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`Title
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`(“Petras”)
`U.S. Patent No. 7,957,752 Invalidity Chart: www.trails.com (“Trails.com”)
`(placeholder chart)
`U.S. Patent No. 7,957,752 Invalidity Chart: www.endlesspursuit.com
`(“EndlessPursuit”)
`U.S. Patent No. 8,068,858 Invalidity Chart: U.S. Patent No. 6,456,854 (“Chern”)
`U.S. Patent No. 8,068,858 Invalidity Chart: U.S. Patent No. 5,422,816 (“Sprague”)
`U.S. Patent No. 8,068,858 Invalidity Chart: U.S. Patent No. 6,198,431 (“Gibson”)
`U.S. Patent No. 8,068,858 Invalidity Chart: U.S. Patent App. Pub. No.2002/0198612
`A1 (“Smith”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Int’l Patent App. Pub. No. WO 01/00281
`A2 (“Wadell”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Redin, Maria S., Marathon Man (Jun. 15,
`1998) (B.S. and M.S. thesis, Massachusetts Institute of Technology) (on file with
`MIT Libraries) (“Redin”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Richard Satava et al., The Physiologic
`Cipher at Altitude: Telemedicine and Real-Time Monitoring of Climbers on Mount
`Everest, 6 Telemedicine J. and e-Health 303 (2000) (“Satava”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Benefon Esc! (“Benefon”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Quokka Sports Monitoring Technology
`and Websites (“Quokka”)
`U.S. Patent No. 8,068,858 Invalidity Chart: Trakus Monitoring Technology and
`Websites (“Trakus”)
`U.S. Patent No. 8,244,226 Invalidity Chart: www.LocalHikes.com
`(“LocalHikes.com”)
`U.S. Patent No. 8,244,226 Invalidity Chart: www.austinexplorer.com (“Austin
`Explorer”)
`U.S. Patent No. 8,244,226 Invalidity Chart: www.SingleTracks.com
`(“SingleTracks”)
`U.S. Patent No. 8,244,226 Invalidity Chart: U.S. Patent App. Pub. No. 2004/0046692
`A1 (“Robson”)
`U.S. Patent No. 8,244,226 Invalidity Chart: U.S. Patent No. 7,905,815 Invalidity
`Chart: U.S. Patent No. 6,321,158 (“DeLorme”)
`U.S. Patent No. 8,244,226 Invalidity Chart: U.S. Patent No. 7,905,815 (“Ellis”)
`U.S. Patent No. 8,244,226 Invalidity Chart: U.S. Patent App. Pub. No. 2001/0047290
`(“Petras”)
`U.S. Patent No. 8,244,226 Invalidity Chart: www.trails.com (“Trails.com”)
`U.S. Patent No. 8,244,226 Invalidity Chart: www.endlesspursuit.com
`(“EndlessPursuit”)
`
`
`INTERROGATORY NO. 8
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`Describe in detail the complete legal and factual basis for your defense that the Patents-
`in-Suit are not infringed. To be complete, your response should identify the claims of each
`Patent-in-Suit you believe are not infringed; a chart identifying each element of the claim you
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`41
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`UA-1013.002
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`

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`contend is not met by the Accused Products; the basis for any contention that the claims have not
`been infringed either literally or under the doctrine of equivalents; the basis for any contention
`that the claims have not been infringed directly or indirectly, including any contention that you
`lacked the intent or knowledge of the patents or infringement; the facts and documentation
`supporting your contentions; and the persons most knowledgeable of the facts and
`documentation supporting your non-infringement contentions.
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`RESPONSE TO INTERROGATORY NO. 8
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`In addition to its General Objections, MapMyFitness objects to this interrogatory as
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`
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`vague and ambiguous, overly broad, and unduly burdensome. In particular, MapMyFitness
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`objects to the term “Accused Product” as defined by Plaintiffs as it is vague, ambiguous and
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`insufficiently definite to place MapMyFitness on notice of the accused products and
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`functionality. MapMyFitness further objects to this interrogatory to the extent it seeks
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`information that is (a) protected by the attorney-client privilege or work product doctrine; (b)
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`confidential, proprietary, or trade secret; (c) subject to MapMyFitness’s legal or contractual
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`obligation of nondisclosure or confidentiality to a third party; or (d) not within MapMyFitness’s
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`possession, custody, or control. MapMyFitness further objects to this interrogatory to the extent
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`it seeks public information or information readily available to Plaintiffs. MapMyFitness also
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`objects to this interrogatory to the extent it calls for a legal conclusion. Additionally,
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`MapMyFitness objects to this contention interrogatory as premature to the extent Plaintiffs have
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`not identified the asserted claims and because Plaintiffs have not yet provided their infringement
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`contentions for the asserted patents. MapMyFitness expressly reserves the right to amend,
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`supplement, and/or correct its responses to this interrogatory as additional information becomes
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`available to MapMyFitness during the course of discovery and investigation, in response to any
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`claim construction by the Court, or in response to Plaintiffs’ infringement contentions (or any
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`supplement thereto) or Plaintiffs’ responses to Defendants’ interrogatories (or any supplement
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`thereto).
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`42
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`UA-1013.003
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`Subject to its General and Specific Objections, MapMyFitness responds as follows:
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`MapMyFitness will provide its non-infringement contentions after receiving adidas’ list of
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`asserted claims and corresponding infringement contentions, and MapMyFitness will supplement
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`those contentions as appropriate. MapMyFitness will provide its expert reports regarding
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`invalidity pursuant to any deadlines the Court may set for the service of such reports and will
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`supplement those reports as appropriate and necessary and as permitted by the Court.
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`SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 8
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`MapMyFitness incorporates herein its foregoing responses and objections to
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`Interrogatory No. 8. Subject to its objections, MapMyFitness further responds as follows:
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`MapMyFitness hereby incorporates by reference Under Armour’s Response to
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`Interrogatory No. 9. MapMyFitness’s response to this interrogatory is preliminary because
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`discovery is still ongoing, the claims of the asserted patents have not been construed, and adidas’
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`infringement contentions are vague, ambiguous, and incomplete. Adidas has failed to provide
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`any contentions or facts supporting a theory of indirect infringement. Accordingly, adidas
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`cannot meet its burden of proving indirect infringement for any asserted claim of the asserted
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`patents, and should be precluded from asserting indirect infringement. Adidas has also failed to
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`identify the person or entity that adidas contends practices each step of each asserted method
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`claim. Adidas, therefore, cannot meet its burden of proving direct infringement of any asserted
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`method claim.
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`MapMyFitness provides a specific response for each asserted patent below. As it is not
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`MapMyFitness’s burden to establish that MapMyFitness does not infringe the patents-in-suit, the
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`content of MapMyFitness’s response below should not and cannot be deemed an admission that
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`adidas has met its burden of proving infringement of any claim or claim element.
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`43
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`UA-1013.004
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` The accused mobile phones on which the MMF app runs are not a “modular mobile
`position logging system” as that term has been construed. Adidas has not presented any
`evidence that the mobile phone includes multiple devices that may be easily modified by
`adding or removing components.
`
` Adidas asserts that pedometers, cadence monitors, and the Armour39 device are position
`monitors. These devices are not position monitors as that term is used and claimed in the
`562 Patent.
`
` Adidas asserts that the position monitor is the GPS component integrated in the mobile
`phone and the input device is the mobile phone touchscreen or voice recognition
`functionality integrated in the mobile phone. This combination of components does not
`meet the elements of claims 1 and 10, which require a separate input device.
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` Adidas asserts that a Bluetooth headset that receives voice input is the claimed input
`device. Claims 1 and 10, however, require that an annotation created by the input device
`is associated with an item of position or speed data. Adidas has failed to present any
`facts or contention that voice input from a Bluetooth headset can be associated with an
`item of position or speed data.
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` Adidas asserts that a pin dropped by a user can be associated with a position of item or
`speed data. Claims 1 and 10, however, require that the position or speed data come from
`position monitoring device, while the annotation comes from a separate input device.
`Adidas has failed to present any facts or contention that the pin and the position/speed
`data come from separate devices.
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` The MMF app does not utilize a communications device that can upload collected speed
`or position data, input data, and the association between them to a personal computer as
`required by claims 1 and 10.
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` Adidas asserts that recorded workouts are automatically tagged with information about
`any designated course. Claim 8, however, requires that a user tag collected data with an
`entry from a database.
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` Adidas asserts that the user may label a workout as pertaining to a specific activity.
`Claim 8, however, requires that a user tag collected data with an entry from a database.
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`
`
`U.S. Patent No. 8,092,345 (“The 345 Patent”)
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`Adidas has accused the MMF app of directly infringing claims 3, 5, 6, 7, 8, and 10 of the
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`345 Patent. MapMyFitness cannot infringe the asserted claims because each asserted claim is
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`invalid under 35 U.S.C. §§ 101, 102 and 103. In addition, the MMF app does not infringe the
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`50
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`UA-1013.005
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`asserted claims, either literally or under the doctrine of equivalents12, for at least the following
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`reasons:
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` MapMyFitness does not make, sell, offer to sell, use or import a system that includes the
`elements required by the asserted system claims.
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` Adidas accuses the MMF app of being the claimed “portable electronic journal
`configured to be worn or carried by a user,” however, the MMF app, which is a software
`application, does not include any of the following elements required by claim 1: a
`memory to store journal entries, a digital camera, and a communications device.
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` The MMF app does not include a communications device to upload journal entries to a
`personal computer.
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` The MMF app does not allow images to be stored with the accused “journal entries” as
`required by claims 1 and 20.
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` Claims 1 and 20 require that journal entries are formatted in a common file format.
`Adidas has failed to set forth any evidence that the accused journal entries are formatted
`in a common file format.
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` Claim 20 requires the steps of creating an image using a digital camera and storing the
`image in memory with the journal entry. Adidas has failed to set forth any facts or
`contentions that these steps are performed using the MMF app.
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`
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`U.S. Patent No. 8,579,767 (“The 767 Patent”)
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`Adidas has accused the MMF app of directly infringing claims 2, 7, 8, 12, 13, 14, 15 and
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`16 of the 767 Patent. MapMyFitness cannot infringe the asserted claims because each asserted
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`claim is invalid under 35 U.S.C. §§ 102, 103 and 112. In addition, the MMF app does not
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`infringe the asserted claims, either literally or under the doctrine of equivalents13, for at least the
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`following reasons:
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`12 Adidas has failed to set forth contentions or facts supporting a theory of infringement under
`the doctrine of equivalents. Accordingly, adidas cannot meet its burden of proving infringement
`under the doctrine of equivalents for any claim of the 345 Patent and should be precluded from
`asserting infringement under the doctrine of equivalents.
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`13 Adidas has failed to set forth contentions or facts supporting a theory of infringement under
`the doctrine of equivalents. Accordingly, adidas cannot meet its burden of proving infringement
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`51
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`UA-1013.006
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`positions pursuant to any deadlines the Court may or has set for the service of such and will
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`supplement those terms and positions as appropriate. MapMyFitness will provide its expert
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`reports regarding claim construction pursuant to any deadlines the Court may set for the service
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`of such reports and will supplement those reports as appropriate and necessary and as permitted
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`by the Court.
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`SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 12
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`MapMyFitness incorporates herein its foregoing responses and objections to
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`Interrogatory No. 12. Subject to its objections, MapMyFitness further responds as follows:
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`MapMyFitness incorporates by reference its (i) January 14, 2015, proposed terms for
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`construction; (ii) January 28, 2015, proposed constructions for claim terms; (iii) February 18,
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`2015, joint claim construction statement; (iv) March 2, 2015, revised joint claim construction
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`chart; (v) March 6, 2015, opening claim construction brief and exhibits thereto; and (vi) April 6,
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`2015, responsive claim construction brief, revised joint claim construction statement, and joint
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`WEIL, GOTSHAL & MANGES, LLP
`
`
`
`/s/ Brian E. Ferguson
`By:
`
` Richard L. Horwitz (#2246)
`
` David E. Moore (#3983)
`
` Erich W. Struble (#5394)
`
` Hercules Plaza, 6th Floor
`
` 1313 N. Market Street
`
` Wilmington, DE 19801
`
` Tel: (302) 984-6000
`
` rhorwitz@potteranderson.com
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` dmoore@potteranderson.com
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` estruble@potteranderson.com
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`Attorneys for Defendants Under Armour, Inc.
`and MapMyFitness, Inc.
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`
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`63
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`appendix of intrinsic evidence.
`
`
`OF COUNSEL
`
`Brian E. Ferguson
`Anish Desai
`Robert T. Vlasis
`W. Sutton Ansley
`Zachary Garthe
`Stephen Bosco
`WEIL GOTSHAL & MANGES, LLP
`1300 Eye Street, N.W., Suite 900
`Washington, D.C. 20005
`Tel: (202) 682-7000
`
`Dated: April 20, 2015
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`
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`UA-1013.007
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`

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` 
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`CERTIFICATE OF SERVICE
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`I, Caroline M. Saunders, hereby certify that on April 20, 2015, true and correct copies
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`of the within document were served on the following counsel of record at the addresses and in
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`Mitchell G. Stockwell
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street NE, Suite 2800
`Atlanta, GA 30309
`Mstockwell@kilpatricktownsend.com
`
`
`
`/s/ Caroline M. Saunders__________
`Caroline M. Saunders
`Paralegal
`
`
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`the manner indicated:
`
`VIA ELECTRONIC MAIL
`
` 
`Jack B. Blumenfeld
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`jblumenfeld@mnat.com
`
`Matias Ferrario
`Michael T. Morlock
`Caroline K. Wray
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101
`Mferrario@kilpatricktownsend.com
`Mmorlock@kilpatricktownsend.com
`CWray@kilpatricktownsend.com
`
`
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`UA-1013.008