Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 1 of 52 PageID #: 3376
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`ADIDAS AG and
`ADIDAS AMERICA, INC.,
`
`
`
`C.A. No. 14-130 (GMS)
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`JURY TRIAL DEMANDED
`
`))))))))))
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`
`)
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
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`
`
`
`
`
`UNDER ARMOUR, INC. and
`MAPMYFITNESS, INC.,
`
`
`
`
`
`
`
`Defendants.
`
`
`
`
`
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiffs adidas AG and adidas America, Inc. (collectively “Plaintiff” or “adidas”) allege
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`as follows:
`
`NATURE OF ACTION
`
`1.
`
`This is an action under the patent laws of the United States, 35 U.S.C. § 1, et seq.,
`
`for infringement by Defendants Under Armour, Inc. (“Under Armour” or “UA”) and
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`MapMyFitness, Inc. (“MapMyFitness” or “MMF”) (collectively, “Defendants”) of patents
`
`owned by adidas.
`
`THE PARTIES
`
`2.
`
`Plaintiff adidas AG is a corporation organized under the laws of the Federal
`
`Republic of Germany, with its principal place of business at Adi-Dassler-Strasse 1, 91074
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`Herzogenaurach, Germany.
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`3.
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`Plaintiff adidas America, Inc. is a corporation organized under the laws of
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`Delaware, with its principal place of business at 5055 North Greeley Avenue, Portland, OR,
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`97217-3524 USA.
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`UA-1002.001
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 2 of 52 PageID #: 3377
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`4.
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`Defendant Under Armour is a corporation organized under the laws of the State of
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`Maryland with its principal place of business in the United States located at 1020 Hull Street,
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`Baltimore, Maryland 21230.
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`5.
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`Defendant MapMyFitness is a corporation organized under the laws of Delaware,
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`with its principal place of business at 522 East 6th Street, Austin, Texas 78701 and is a wholly
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`owned subsidiary of Under Armour.
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`JURISDICTION AND VENUE
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`6.
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`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code. Accordingly, this Court has jurisdiction over the subject matter of this
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`action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`7.
`
`Defendant MapMyFitness’s registered agent in Delaware is The Corporation
`
`Trust Company, Corporation Trust Center, 1209 Orange St., Wilmington, DE 19801.
`
`8.
`
`Defendant Under Armour conducts substantial business in the State of Delaware,
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`including (1) committing at least a portion of the infringing acts alleged herein and (2) regularly
`
`transacting business, soliciting business, and deriving revenue from the sale of goods and
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`services, including infringing goods and services, to individuals in the State of Delaware. Thus,
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`Defendant Under Armour has purposefully availed itself of the benefits of the State of Delaware,
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`and the exercise of jurisdiction over Defendant Under Armour would not offend traditional
`
`notions of fair play and substantial justice.
`
`9.
`
`Defendant MapMyFitness conducts substantial business in the State of Delaware,
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`including (1) committing at least a portion of the infringing acts alleged herein and (2) regularly
`
`transacting business, soliciting business, and deriving revenue from the sale of goods and
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`services, including infringing goods and services, to individuals in the State of Delaware. Thus,
`
`
`
`2
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`UA-1002.002
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 3 of 52 PageID #: 3378
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`Defendant MapMyFitness has purposefully availed itself of the benefits of the State of Delaware,
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`and the exercise of jurisdiction over Defendant MapMyFitness would not offend traditional
`
`notions of fair play and substantial justice.
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`10.
`
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400.
`
`THE PATENTS
`
`11.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,292,867 (“the ’867 patent”), including the right to sue for past
`
`damages. The ’867 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on November 6, 2007, is active, and is entitled “Location-aware fitness
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`training device, methods, and program products that support real-time interactive communication
`
`and automated route generation.” A true and correct copy of the ’867 patent is attached hereto as
`
`Exhibit A.
`
`12.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,805,149 (“the ’149 patent”), including the right to sue for past
`
`damages. The ’149 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on September 28, 2010, is active, and is entitled “Location-aware fitness
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`training device, methods, and program products that support real-time interactive communication
`
`and automated route generation.” A true and correct copy of the ’149 patent is attached hereto as
`
`Exhibit B.
`
`13.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,941,160 (“the ’160 patent”), including the right to sue for past
`
`damages. The ’160 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on May 10, 2011, is active, and is entitled “Location-aware fitness training
`
`
`
`3
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`UA-1002.003
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 4 of 52 PageID #: 3379
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`device, methods, and program products that support real-time interactive communication and
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`automated route generation.” A true and correct copy of the ’160 patent is attached hereto as
`
`Exhibit C.
`
`14.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,957,752 (“the ’752 patent”), including the right to sue for past
`
`damages. The ’752 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on June 7, 2011, is active, and is entitled “Location-aware fitness training
`
`device, methods, and program products that support real-time interactive communication and
`
`automated route generation.” A true and correct copy of the ’752 patent is attached hereto as
`
`Exhibit D.
`
`15.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,068,858 (“the ’858 patent”), including the right to sue for past
`
`damages. The ’858 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on November 29, 2011, is active, and is entitled “Methods and computer
`
`program products for providing information about a user during a physical activity.” A true and
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`correct copy of the ’858 patent is attached hereto as Exhibit E.
`
`16.
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`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,244,226 (“the ’226 patent”), including the right to sue for past
`
`damages. The ’226 patent was duly and legally issued by the United States Patent and
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`Trademark Office on August 14, 2012, is active, and is entitled “Systems and methods for
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`presenting characteristics associated with a physical activity route.” A true and correct copy of
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`the ’226 patent is attached hereto as Exhibit F.
`
`
`
`4
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`UA-1002.004
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 5 of 52 PageID #: 3380
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`17.
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`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,905,815 (“the ’815 patent”), including the right to sue for past
`
`damages. The ’815 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on March 15, 2011, is active, and is entitled “Personal data collection systems
`
`and methods.” A true and correct copy of the ’815 patent is attached hereto as Exhibit G.
`
`18.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 7,931,562 (“the ’562 patent”), including the right to sue for past
`
`damages. The ’562 patent was duly and legally issued by the United States Patent and
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`Trademark Office on April 26, 2011, is active, and is entitled “Mobile Data Logging Systems
`
`and Methods.” A true and correct copy of the ’562 patent is attached hereto as Exhibit H.
`
`19.
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`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,092,345 (“the ’345 patent”), including the right to sue for past
`
`damages. The ’345 patent was duly and legally issued by the United States Patent and
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`Trademark Office on January 10, 2012, is active, and is entitled “Systems and Methods for a
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`Portable Electronic Journal.” A true and correct copy of the ’345 patent is attached hereto as
`
`Exhibit I.
`
`20.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,579,767 (“the ’767 patent”), including the right to sue for past
`
`damages. The ’767 patent was duly and legally issued by the United States Patent and
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`Trademark Office on November 12, 2013, is active, and is entitled “Performance Monitoring
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`Apparatuses, Methods, and Computer Program Products.” A true and correct copy of the ’767
`
`patent is attached hereto as Exhibit J.
`
`
`
`5
`
`UA-1002.005
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 6 of 52 PageID #: 3381
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`21.
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`adidas AG is the owner by assignment of all right, title, and interest in and to
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`United States Patent No. 8,725,276 (“the ’276 patent”), including the right to sue for past
`
`damages. The ’276 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on May 13, 2014, is active, and is entitled “Performance Monitoring
`
`Methods.” A true and correct copy of the ’276 patent is attached hereto as Exhibit K.
`
`22.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,721,502 (“the ’502 patent”), including the right to sue for past
`
`damages. The ’502 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on May 13, 2014, is active, and is entitled “Systems and methods for
`
`displaying performance information.” A true and correct copy of the ’502 patent is attached
`
`hereto as Exhibit L.
`
`23.
`
`adidas AG is the owner by assignment of all right, title, and interest in and to
`
`United States Patent No. 8,652,009 (“the ’009 patent”), including the right to sue for past
`
`damages. The ’009 patent was duly and legally issued by the United States Patent and
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`Trademark Office on February 18, 2014, is active, and is entitled “Modular personal network
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`systems and methods.” A true and correct copy of the ’009 patent is attached hereto as Exhibit
`
`M.
`
`24.
`
`adidas America, Inc. is the exclusive licensee in the United States for each of the
`
`’867 patent, ’149 patent, ’160 patent, ’752 patent, ’858 patent, ’226 patent, ’815 patent, ’562
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`patent, ’345 patent, ’767 patent, ’276 patent, ’502 patent, and ’009 patent, with a right to enforce
`
`each of the ’867 patent, ’149 patent, ’160 patent, ’752 patent, ’858 patent, ’226 patent, ’815
`
`patent, ’562 patent, ’345 patent, ’767 patent ’276 patent, ’502 patent, and ’009 patent.
`
`
`
`6
`
`UA-1002.006
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 7 of 52 PageID #: 3382
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`GENERAL ALLEGATIONS
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`25.
`
`Defendant Under Armour makes, uses, imports, sells, or offers for sale mobile
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`systems, software, devices, or methods for collecting personal data, including at least the
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`Armour39™ product, peripherals and/or associated devices such as the Armour39™ module,
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`Armour39™ chest strap, Armour39™ watch, supporting software and mobile app, and their
`
`respective desktop and/or server software and interfaces (collectively, the “UA Accused
`
`Products”) together with related services (the “UA Accused Services”).
`
`26.
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`The UA Accused Products and Services include software for use on a mobile
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`device.
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`27.
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`The UA Accused Products and Services, in conjunction with related products,
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`include the capability to record, store, transmit, and/or receive personal data.
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`28.
`
`The UA Accused Products and Services, in conjunction with related products and
`
`services, include the capability to record, store, transmit, receive, determine, and/or display
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`personal data, including athletic performance information, of at least one user of the UA Accused
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`Products and Services.
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`29.
`
`The UA Accused Products and Services, in conjunction with related products,
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`include the ability to record and/or store media, including text data.
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`30.
`
`The UA Accused Products and Services comprise multiple devices including for
`
`example, multiple sensors, modules, mobile phone systems, and related software.
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`31.
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`Defendant MapMyFitness makes, uses, imports, sells, or offers for sale mobile
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`systems, software, or methods for detecting, evaluating, or analyzing movement of a body or
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`determining performance information, including at least the MapMyFitness, MapMyWalk,
`
`MapMyHike, MapMyRun, MapMyRide, MapMyFitness+, MapMyWalk+, MapMyHike+,
`
`
`
`7
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`UA-1002.007
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 8 of 52 PageID #: 3383
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`MapMyRun+, MapMyRide+, and MapMyDogwalk mobile applications, their respective desktop
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`and server software and interfaces, and associated products including but not limited to the
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`MapMyFitness Heart Rate Monitor (collectively, the “MMF Accused Products”), together with
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`related services (the “MMF Accused Services”).
`
`32.
`
`The MMF Accused Products and Services include software for use on a mobile
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`device with a global positioning system (GPS) receiver.
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`33.
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`The MMF Accused Products and Services include software and interfaces on one
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`or more servers that are owned, operated, placed into service, or otherwise controlled by
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`Defendant MapMyFitness.
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`34.
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`Each of the MMF Accused Products and Services include the capability to receive
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`and store information regarding users, including but not limited to location information at a
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`plurality of waypoints.
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`35.
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`The MMF Accused Products and Services also include the capability to measure,
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`capture, determine, store, display, transmit, and/or receive other information, including but not
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`limited to athletic performance information based at least in part on user location at the
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`waypoints.
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`36.
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`The MMF Accused Products and Services transmit data obtained during a user
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`fitness activity wirelessly. The MMF Accused Products and Services transmit such data
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`wirelessly to a server.
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`37.
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`At least one of the MMF Accused Products and/or Services permits users to
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`assign ratings to and/or annotate fitness routes.
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`38.
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`At least one of the MMF Accused Products and/or Services includes functionality
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`for recommending a route for traversal.
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`
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`8
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`UA-1002.008
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 9 of 52 PageID #: 3384
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`39.
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`At least one of the MMF Accused Products and/or Services includes giving
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`feedback during an athletic activity based on a performance goal.
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`40.
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`At least one of the MMF Accused Products and/or Services includes receiving
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`data from another device, for example a heart rate monitor, and associating data from such
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`device with other information regarding a fitness activity. The MMF Accused Products and
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`Services also may receive data from a plurality of other devices, including but not limited to a
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`stride sensor, cadence sensor, or power measuring sensor.
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`41.
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`The MMF Accused Products and/or Services are especially designed, adapted, or
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`configured to operate as described in paragraphs 31-40 of this Second Amended Complaint.
`
`42.
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`Beginning in approximately August 2014, Under Armour and MMF will jointly
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`make, use, import, sell, or offer for sale the Under Armour Connected Fitness suite. See
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`http://about.mapmyfitness.com/under-armour-record-terms-and-conditions-of-use/. The Under
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`Armour Connected Fitness suite includes mobile systems, software, or methods for detecting,
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`evaluating, or analyzing movement of a body or determining performance information, including
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`at least the MapMyFitness, MapMyWalk, MapMyHike, MapMyRun, MapMyRide,
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`MapMyFitness+, MapMyWalk+, MapMyHike+, MapMyRun+, MapMyRide+, and
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`MapMyDogwalk mobile applications, their respective desktop and server software and
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`interfaces, associated products including but not limited to the MapMyFitness Heart Rate
`
`Monitor, the Armour39™ product, peripherals and/or associated devices such as the
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`Armour39™ module, Armour39™ chest strap, Armour39™ watch, supporting software and
`
`mobile app, and their respective desktop and/or server software and interfaces (collectively, the
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`“UA Connected Fitness Accused Products”), together with related services (collectively, the
`
`“UA Connected Fitness Accused Services”).
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`
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`9
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`UA-1002.009
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 10 of 52 PageID #: 3385
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`43.
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`At least one of the UA Connected Fitness Accused Products and Services is
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`especially designed, adapted, or configured to operate in each of the manners described in
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`paragraphs 26-30 and 32-40 above.
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`44.
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`Under Armour was aware of adidas patents related to tracking athletic
`
`performance, including many of the patents asserted in this Second Amended Complaint.
`
`45.
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`Under Armour’s Director of Innovation and Research was a Senior Innovation
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`Engineering Manager of adidas with direct knowledge adidas’ patent portfolio. Accordingly,
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`Under Armour, by and through its Director of Innovation and Research, has direct knowledge of
`
`adidas’ patent portfolio, including many of the patents asserted in this Second Amended
`
`Complaint.
`
`46.
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`At the time of the acquisition of MapMyFitness, Under Armour stated “As part of
`
`the collaboration, Under Armour will add depth to its digital capability, offering athletes an
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`elevated training experience through new digital products and platforms.” Under Armour’s
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`acquisition of MapMyFitness, is driven in part by Under Armour’s desire to integrate various
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`digital products, including Under Armour digital products, with the MapMyFitness Accused
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`Products and Services:
`
`This partnership is about Under Armour enhancing our digital
`expertise to drive the future of performance innovation for the
`global athlete community,” said Kevin Plank, Founder and CEO of
`Under Armour. “We will build on the community of over 20
`million registered users that MapMyFitness has cultivated in the
`connected fitness space, and together we will serve as a destination
`for the measurement and analytics needs of all athletes. Innovation
`has always been at the core of our company, and now we are better
`positioned to design open, digital products for the athlete of
`tomorrow and become more proactive in providing solutions that
`will help people across the world lead healthier lifestyles.1
`
`
`1
`See, http://www.uabiz.com/releasedetail.cfm?ReleaseID=807138 (last visited Feb. 2,
`2014).
`
`
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`10
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`UA-1002.010
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 11 of 52 PageID #: 3386
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`47. Moreover, Mr. Robin Thurston, MapMyFitness Co-Founder and CEO has
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`similarly expressed the intention to integrate the UA Accused Products and Services with MMF
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`Accused Products and Services:
`
`MapMyFitness has engaged and built a global community, making
`advanced training tools more accessible through our web and
`mobile platforms. The combination of Under Armour’s powerful
`commitment to athletes and innovation and our connected fitness
`technology allows us to better serve the needs of athletes around
`the world.2
`
`48.
`
`Upon information and belief, Under Armour and MapMyFitness communicated
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`about relevant industry patent rights. As a result of such communications, MapMyFitness
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`provided certain indemnifications and warranties to Under Armour. Upon information and
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`belief, consistent with the announced intentions of Under Armour and MapMyFitness, after
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`Under Armour’s acquisition of MapMyFitness, Under Armour’s Director of Innovation and
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`Research participated on behalf of Under Armour in integrating MapMyFitness into Under
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`Armour.
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`49.
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`Accordingly, both Under Armour and MapMyFitness either had knowledge of or
`
`gained knowledge of the patents asserted in the Original Complaint and this Second Amended
`
`Complaint.
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`50.
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`Upon information and belief, Under Armour and MapMyFitness have acted in
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`concert in the fitness technology marketplace, with Under Armour supporting and encouraging
`
`MapMyFitness’s activities. (See http://about.mapmyfitness.com/2013/11/underarmour
`
`(describing the “partnership” between Under Armour and MapMyFitness)).
`
`
`2
`Id.
`
`
`
`11
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`UA-1002.011
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 12 of 52 PageID #: 3387
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`COUNT I
`(Infringement of United States Patent No. 7,292,867 by Under Armour)
`
`51.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-50 of this Second Amended Complaint.
`
`52.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’867 patent by, without authority, making, using,
`
`importing, selling, or offering to sell, for example, the UA Connected Fitness Accused Products
`
`and Services within the United States, in violation of 35 U.S.C. § 271(a).
`
`53.
`
`Defendant Under Armour has known of the ’867 patent, as well as the fact that its
`
`customers use the UA Connected Fitness Accused Products and Services in a manner that
`
`infringes one or more claims of the ʼ867 patent, in accordance with the allegations set forth in
`
`paragraphs 44-50 or at least since the date of service of the Original Complaint.
`
`54.
`
`Defendant Under Armour indirectly infringes the ’867 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). For example, since learning of the ’867 patent
`
`and by failing to cease offering the UA Connected Fitness Accused Products and Accused
`
`Services, Defendant Under Armour has knowingly and intentionally induced users of the UA
`
`Connected Fitness Accused Products and Services and Defendant MapMyFitness to directly
`
`infringe one or more claims of the ’867 patent. It does so, inter alia, by (1) providing
`
`instructions or information, for example on its publicly available websites (see, e.g.,
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use the UA Connected
`
`Fitness Accused Products and Services in an infringing manner, including the use of the UA
`
`Connected Fitness Accused Products and Services in manners described in paragraphs 26-30 and
`
`32-40 above, which are expressly incorporated herein; (2) touting these infringing uses of the
`
`Accused Products and Services in advertisements including but not limited to those on its
`
`
`
`12
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`UA-1002.012
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`

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`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 13 of 52 PageID #: 3388
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`websites and other mobile app marketplace websites; and (3) by supporting and encouraging
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`MapMyFitness’s infringing activities. (see, http://about.mapmyfitness.com/2013/11/underarmour
`
`(describing the “partnership” between Under Armour and MapMyFitness)).
`
`55.
`
`Defendant Under Armour indirectly infringes the ’867 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the UA Connected
`
`Fitness Accused Products and Services, which, as evidenced by Defendant Under Armour’s
`
`websites and advertisements (see, e.g., http://www.mapmyrun.com/app/ and linked pages), are
`
`especially made for use in a manner infringing one or more claims of the ʼ867 patent as
`
`described in paragraphs 26-30 and 32-40 above and have no substantial non-infringing uses.
`
`56.
`
`adidas has been and continues to be injured by Defendant Under Armour’s
`
`infringement of the ’867 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant Under Armour’s infringing activities in an amount to be determined at trial but in
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`no event less than a reasonable royalty.
`
`57.
`
`Unless enjoined by this Court, Defendant Under Armour’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT II
`(Infringement of United States Patent No. 7,805,149 by Under Armour)
`
`
`
`58.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-57 of this Second Amended Complaint.
`
`59.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’149 patent by, without authority, making, using,
`
`importing, selling, or offering to sell, for example, the UA Connected Fitness Accused Products
`
`and Services within the United States, in violation of 35 U.S.C. § 271(a).
`
`
`
`13
`
`UA-1002.013
`
`

`
`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 14 of 52 PageID #: 3389
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`60.
`
`Defendant Under Armour has known of the ’149 patent, as well as the fact that its
`
`customers use the UA Connected Fitness Accused Products and Services in a manner that
`
`infringes one or more claims of the ʼ149 patent, in accordance with the allegations set forth in
`
`paragraphs 44-50 or at least since the date of service of the Original Complaint.
`
`61.
`
`Defendant Under Armour indirectly infringes the ’149 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). For example, since learning of the ’149 patent
`
`and by failing to cease offering the UA Connected Fitness Accused Products and Accused
`
`Services, Defendant Under Armour has knowingly and intentionally induced users of the UA
`
`Connected Fitness Accused Products and Services and Defendant MapMyFitness to directly
`
`infringe one or more claims of the ’149 patent. Defendant Under Armour does so by, inter alia,
`
`(1) providing instructions, for example on its publicly available websites (see, e.g.,
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use infringing features of
`
`the UA Connected Fitness Accused Products and Services, including those features highlighted
`
`in paragraphs 26-30 and 32-40 above, which are expressly incorporated herein; (2) touting these
`
`infringing features of the UA Connected Fitness Accused Products and Services in
`
`advertisements including but not limited to those on its websites and other mobile app
`
`marketplace websites; and (3) and by supporting and encouraging MapMyFitness’s infringing
`
`activities. (See, http://about.mapmyfitness.com/2013/11/underarmour (describing the
`
`“partnership” between Under Armour and MapMyFitness)).
`
`62.
`
`Defendant Under Armour indirectly infringes the ’149 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by providing the UA Connected
`
`Fitness Accused Products and Services, which, as evidenced by Defendant Under Armour’s
`
`websites and advertisements (see, e.g., http://www.mapmyrun.com/app/ and linked pages), are
`
`
`
`14
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`UA-1002.014
`
`

`
`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 15 of 52 PageID #: 3390
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`especially made for use in a manner infringing one or more claims of the ʼ149 patent as
`
`described in paragraphs 26-30 and 32-40 above and have no substantial non-infringing uses.
`
`63.
`
`adidas has been and continues to be injured by Defendant Under Armour’s
`
`infringement of the ’149 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant Under Armour’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`64.
`
`Unless enjoined by this Court, Defendant Under Armour’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`COUNT III
`(Infringement of United States Patent No. 7,941,160 by Under Armour)
`
`65.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-64 of this Second Amended Complaint.
`
`66.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’160 patent by, without authority, making, using,
`
`importing, selling, or offering to sell, for example, the UA Connected Fitness Accused Products
`
`and Services within the United States, in violation of 35 U.S.C. § 271(a).
`
`67.
`
`Defendant Under Armour has known of the ’160 patent, as well as the fact that its
`
`customers use the UA Connected Fitness Accused Products and Services in a manner that
`
`infringes one or more claims of the ʼ160 patent, in accordance with the allegations set forth in
`
`paragraphs 44-50 or at least since the date of service of the Original Complaint.
`
`68.
`
`Defendant Under Armour indirectly infringes the ’160 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). For example, since learning of the ’160 patent
`
`and by failing to cease offering the UA Connected Fitness Accused Products and Accused
`
`Services, Defendant Under Armour has knowingly and intentionally induced users of the UA
`
`
`
`15
`
`UA-1002.015
`
`

`
`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 16 of 52 PageID #: 3391
`
`Connected Fitness Accused Products and Services and Defendant MapMyFitness to directly
`
`infringe one or more claims of the ’160 patent. Defendant Under Armour does so by, inter alia,
`
`(1) providing instructions, for example on its publicly available websites (see, e.g.,
`
`http://www.mapmyrun.com/app/ and linked pages), to explain how to use infringing features of
`
`the UA Connected Fitness Accused Products and Services, including those features highlighted
`
`in paragraphs 26-30 and 32-40 above, which are expressly incorporated herein; (2) touting these
`
`infringing features of the UA Connected Fitness Accused Products and Services in
`
`advertisements including but not limited to those on its websites and other mobile app
`
`marketplace websites; and (3) and by supporting and encouraging MapMyFitness’s infringing
`
`activities. (See http://about.mapmyfitness.com/2013/11/underarmour (describing the
`
`“partnership” between Under Armour and MapMyFitness)).
`
`69.
`
`Defendant Under Armour indirectly infringes the ’160 patent by contributing to
`
`the direct infringement of end users under 35 U.S.C. § 271(c) by, for example, providing the UA
`
`Connected Fitness Accused Products and Services, which, as evidenced by Defendant Under
`
`Armour’s websites and advertisements (see, e.g., http://www.mapmyrun.com/app/ and linked
`
`pages), are especially made for use in a manner infringing one or more claims of the ʼ160 patent
`
`as described in paragraphs 26-30 and 32-40 above and have no substantial non-infringing uses.
`
`70.
`
`adidas has been and continues to be injured by Defendant Under Armour’s
`
`infringement of the ’160 patent. adidas is entitled to recover damages adequate to compensate it
`
`for Defendant Under Armour’s infringing activities in an amount to be determined at trial but in
`
`no event less than a reasonable royalty.
`
`71.
`
`Unless enjoined by this Court, Defendant Under Armour’s acts of infringement
`
`will continue to damage adidas irreparably.
`
`
`
`16
`
`UA-1002.016
`
`

`
`Case 1:14-cv-00130-GMS Document 44 Filed 09/11/14 Page 17 of 52 PageID #: 3392
`
`COUNT IV
`(Infringement of United States Patent No. 7,957,752 by Under Armour)
`
`72.
`
`adidas realleges and incorporates herein by reference the allegations set forth in
`
`Paragraphs 1-71 of this Second Amended Complaint.
`
`73.
`
`Defendant Under Armour directly infringes, literally or under the doctrine of
`
`equivalents, one or more claims of the ’752 patent by, without authority, making, using,
`
`importing, selling, or offering to sell, for example, the UA Connected Fitness Accused Products
`
`and Services within the United States, in violation of 35 U.S.C. § 271(a).
`
`74.
`
`Defendant Under Armour has known of the ’752 patent, as well as the fact that its
`
`customers use the UA Connected Fitness Accused Products and Services in a manner that
`
`infringes one or more claims of the ʼ752 patent, in accordance with the allegations set forth in
`
`paragraphs 44-50 or at least since the date of service of the Original Complaint.
`
`75.
`
`Defendant Under Armour indirectly infringes the ’752 patent within the United
`
`States by inducement under 35 U.S.C. § 271(b). For example, since learning of the ’752 patent
`
`and by failing to cease offering the UA Connected Fitness Accused Products and Accused
`
`Services, Defendant Under Armour has knowingly and intentionally induced defendant
`
`MapMyFitness to directly infringe one or more claims of the ’752 patent. It does so, inter alia,
`
`by supporting and encouraging MapMyFitness’s infringing activities. (See,
`
`http://about.mapmyfitness.com/2013/11/underarmour (describi