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Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 1 of 6 PageID #: 5287
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`PELOTON INTERACTIVE, INC.,
`
`
`Plaintiff,
`
`
`v.
`
`FLYWHEEL SPORTS, INC.,
`
`
`Defendant.
`
`
`
`
`
`Civil Action No.: 2:18-CV-00390-RWS-RSP
`
`
`JURY TRIAL DEMANDED
`
`
`
`NOTICE OF SETTLEMENT
`
`Plaintiff Peloton Interactive, Inc. (“Peloton”), by and through its lead counsel Steven N.
`
`
`
`Feldman of Hueston Hennigan LLP, respectfully informs the Court that Peloton and Defendant
`
`Flywheel Sports, Inc. (“Flywheel”) have reached an agreement to finally and fully settle Peloton’s
`
`claims against Flywheel and Peloton will therefore immediately file a Joint Stipulated Motion to
`
`Dismiss.
`
`In connection with this settlement, Flywheel, for itself and on its own volition, also makes
`
`the representations attached hereto in Exhibit A.
`
`DATED: February 3, 2020
`
`
`
`
`
`HUESTON HENNIGAN LLP
`
`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
`
`

`

`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 2 of 6 PageID #: 5288
`
`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
`
`Attorneys for Plaintiff Peloton Interactive,
`Inc.
`
`
`
`2
`
`

`

`Case 2:18-cv-00390-RWS-RSP Document 199 Filed 02/03/20 Page 3 of 6 PageID #: 5289
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the above and foregoing document has been
`
`served electronically on all counsel of record via email on February 3, 2020.
`
`
`
`/s/ Melissa R. Smith
`Melissa R. Smith
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`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
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`
`
`
`
`4
`
`

`

`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
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF TEXAS
`
`MARSHALL DIVISION
`
`PELOTON INTERACTIVE, INC,
`
`Civil Action No.: 2: 1 8-CV-00390-RWS—RSP
`
`JURY TRIAL DEMANDED
`
`
`
`Plaintiff,
`
`V.
`
`FLYWHEEL SPORTS, INC.,
`
`Defendant.
`
`DECLARATION OF JEFFREY NAUMOWITZ
`
`I, Jeffrey Naumowitz, declare as follows:
`
`1.
`
`I am the Chief Financial Officer of Flywheel Sports, Inc. (“Flywheel”), have
`
`authority to bind the corporation, and have overseen and helped manage the above—captioned
`
`lawsuit on behalf of Flywheel.
`
`2.
`
`On September 12, 2018, Peloton Interactive, Inc. (“Peloton”) filed the Complaint
`
`(Dkt. 1)
`
`in the above—captioned case asserting patent—infringement claims against Flywheel.
`
`Peloton alleged that Flywheel°s at-home exercise bike (the “Fly Anywhere Bike”)l
`
`infringes
`
`certain claims of United States Patent No. 9,174,085 (“the ’085 Patent”) and United States Patent
`
`No. 9,233,276 (“the ’276 Patent”).
`
`3.
`
`On July 24, 2019, Peloton filed an amended complaint and added claims that the
`
`Fly Anywhere Bike also infringes United States Patent No. 9,861,855 (“the ’855 Patent”) and
`
`United States Patent No. 10,322,315 (“the ’3 15 Patent,” and collectively, the “Peloton Patents”).
`
`4.
`
`Flywheel now admits that the Peloton Patents are valid and enforceable.
`
`‘ 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.
`
`

`

`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
`
`5.
`
`Flywheel admits that Flywheel’s Fly Anywhere Bike and associated services
`
`infringe the Peloton Patents as alleged by Peloton in the Second Amended Complaint; that
`
`Flywheel copied elements of the Peloton bike in developing its Fly Anywhere bike; that, to the
`
`best of Flywheel’s knowledge, Peloton’s “at home” / “remote streaming” patented leaderboard
`
`technology was not created or invented by Flywheel; and that Flywheel does not have evidence
`
`showing that the document at issue in the Court’s denial of Flywheel’s Motion for Leave (Dkt.
`
`187), or any of the ideas contained therein, were conveyed to anyone affiliated with or related to
`
`Peloton prior to this litigation.
`
`6.
`
`As such, and as part of the settlement resolving this dispute, Flywheel agrees that
`
`within 60 days it will stop infringing Peloton’s patented technology.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 31th day of January, 2020, in New York, New York.
`
`
`
`‘1
`L—éé
` a“
`_, (i;
`/
`fgffre
`aumowitz
`
`Chief Financial Of leer
`
`On behalf of Flywheel Sports, Inc.
`
`

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