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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`PELOTON INTERACTIVE, INC.,
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`Plaintiff,
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`v.
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`FLYWHEEL SPORTS, INC.,
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`Defendant.
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`
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`Civil Action No.: 2:18-CV-00390-RWS-RSP
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`JURY TRIAL DEMANDED
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`NOTICE OF SETTLEMENT
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`Plaintiff Peloton Interactive, Inc. (“Peloton”), by and through its lead counsel Steven N.
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`Feldman of Hueston Hennigan LLP, respectfully informs the Court that Peloton and Defendant
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`Flywheel Sports, Inc. (“Flywheel”) have reached an agreement to finally and fully settle Peloton’s
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`claims against Flywheel and Peloton will therefore immediately file a Joint Stipulated Motion to
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`Dismiss.
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`In connection with this settlement, Flywheel, for itself and on its own volition, also makes
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`the representations attached hereto in Exhibit A.
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`DATED: February 3, 2020
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`HUESTON HENNIGAN LLP
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`By: /s/ Steven N. Feldman
`Steven N. Feldman, Lead Attorney (CA SBN
`281405)
`sfeldman@hueston.com
`Los Angeles, CA 90014
`Telephone: (213) 788-7272
`Facsimile: (888) 775-0898
`
`Douglas J. Dixon (CA SBN 275389)
`ddixon@hueston.com
`Christina V. Rayburn (CA SBN 255467)
`crayburn@hueston.com
`Neil Anderson (CA SBN 307668)
`nanderson@hueston.com
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`
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`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 2 of 6 PageID #: 5288
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`Karen Younkins (CA SBN 305070)
`kyounkins@hueston.com
`Maxwell Coll (CA SBN 312651)
`mcoll@hueston.com
`
`Melissa Smith (Texas Bar No. 24001351)
`Gillam & Smith LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`melissa@gillamsmithlaw.com
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`Attorneys for Plaintiff Peloton Interactive,
`Inc.
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`2
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`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 3 of 6 PageID #: 5289
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the above and foregoing document has been
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`served electronically on all counsel of record via email on February 3, 2020.
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`
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`/s/ Melissa R. Smith
`Melissa R. Smith
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`3
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`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 4 of 6 PageID #: 5290
`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 4 of 6 PageID #: 5290
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`EXHIBIT A
`EXHIBIT A
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`4
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`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 5 of 6 PageID #: 5291
`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 5 of 6 PageID #: 5291
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
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`MARSHALL DIVISION
`
`PELOTON INTERACTIVE, INC,
`
`Civil Action No.: 2: 1 8-CV-00390-RWS—RSP
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`JURY TRIAL DEMANDED
`
`
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`Plaintiff,
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`V.
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`FLYWHEEL SPORTS, INC.,
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`Defendant.
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`DECLARATION OF JEFFREY NAUMOWITZ
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`I, Jeffrey Naumowitz, declare as follows:
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`1.
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`I am the Chief Financial Officer of Flywheel Sports, Inc. (“Flywheel”), have
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`authority to bind the corporation, and have overseen and helped manage the above—captioned
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`lawsuit on behalf of Flywheel.
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`2.
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`On September 12, 2018, Peloton Interactive, Inc. (“Peloton”) filed the Complaint
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`(Dkt. 1)
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`in the above—captioned case asserting patent—infringement claims against Flywheel.
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`Peloton alleged that Flywheel°s at-home exercise bike (the “Fly Anywhere Bike”)l
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`infringes
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`certain claims of United States Patent No. 9,174,085 (“the ’085 Patent”) and United States Patent
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`No. 9,233,276 (“the ’276 Patent”).
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`3.
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`On July 24, 2019, Peloton filed an amended complaint and added claims that the
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`Fly Anywhere Bike also infringes United States Patent No. 9,861,855 (“the ’855 Patent”) and
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`United States Patent No. 10,322,315 (“the ’3 15 Patent,” and collectively, the “Peloton Patents”).
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`4.
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`Flywheel now admits that the Peloton Patents are valid and enforceable.
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`‘ Flywheel’s “Fly Anywhere Bike” has also been known as the “Flywheel Home Bike,” and the “Fly On Demand
`Bike,” among other names, at other points in time.
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`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 6 of 6 PageID #: 5292
`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 6 of 6 PageID #: 5292
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`5.
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`Flywheel admits that Flywheel’s Fly Anywhere Bike and associated services
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`infringe the Peloton Patents as alleged by Peloton in the Second Amended Complaint; that
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`Flywheel copied elements of the Peloton bike in developing its Fly Anywhere bike; that, to the
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`best of Flywheel’s knowledge, Peloton’s “at home” / “remote streaming” patented leaderboard
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`technology was not created or invented by Flywheel; and that Flywheel does not have evidence
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`showing that the document at issue in the Court’s denial of Flywheel’s Motion for Leave (Dkt.
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`187), or any of the ideas contained therein, were conveyed to anyone affiliated with or related to
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`Peloton prior to this litigation.
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`6.
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`As such, and as part of the settlement resolving this dispute, Flywheel agrees that
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`within 60 days it will stop infringing Peloton’s patented technology.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 31th day of January, 2020, in New York, New York.
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`‘1
`L—éé
` a“
`_, (i;
`/
`fgffre
`aumowitz
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`Chief Financial Of leer
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`On behalf of Flywheel Sports, Inc.
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