Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 1 of 9
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Case No. 6:23-cv-478
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`CHEETAH OMNI, LLC, a Texas limited
`liability company,
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` Plaintiff,
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` vs.
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`WHOOP, INC., a Delaware corporation,
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` Defendant.
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`COMPLAINT
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`Plaintiff Cheetah Omni, LLC (“Cheetah Omni”) brings this Complaint against Whoop Inc.
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`(“Whoop”) for patent infringement:
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`The Parties
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`1.
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`Cheetah Omni is a Texas limited liability company with a principal place of
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`business at 1718 Newport Creek Drive, Ann Arbor, Michigan 48103.
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`2.
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`Whoop is a Delaware corporation with a principal place of business in
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`Massachusetts which does business throughout the United States, including this District.
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`Jurisdiction and Venue
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`3.
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`This Court has subject matter jurisdiction over Cheetah Omni’s claims under 28
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`U.S.C. §§ 1331 and 1338(a) because they arise under federal law, specifically, the United States
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`Patent Act, 35 U.S.C. § 1 et seq.
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`4.
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`This Court has personal jurisdiction over Whoop because a substantial portion of
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`the acts that constitute the infringement in this Complaint took place in Texas.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 2 of 9
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`5.
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`Venue is proper because, as noted below, upon information and belief, Whoop has
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`a regular place of business in the District and has committed acts of infringement in the District.
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`Pertinent Facts
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`6.
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`On June 16, 2015, the United States Patent and Trademark Office issued U.S. Patent
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`No. 9,055,868 (“the ’868 patent”).
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`7.
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`8.
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`A true and correct copy of the ’868 patent is attached as Exhibit A.
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`Cheetah Omni is the owner of all right, title and interest in and to the ’868 patent,
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`including the right to collect past damages.
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`9.
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` Whoop offers and sells wearable technology systems (hereinafter, “wearables”)
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`designed to monitor and track various things, including (without limitation), blood oxygen levels,
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`skin temperature, heart rate and other biometrics.
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`10. Whoop offers and sells its wearables from its website located at www.whoop.com
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`as well as through various retailers and resellers, and advertises and sells its products in this District
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`through its website and these various retailers and resellers.
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`11.
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`Upon information and belief, Whoop has offices and/or facilities in this District
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`from where it regularly conducts business.
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`12.
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`Upon information and belief, Whoop owns, rents and/or leases space in this District
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`for one or more of its employees to live and/or regularly conduct Whoop’s business.
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`13.
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`Upon information and belief, Whoop owns, rents and/or leases space in this District
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`from which it regularly conducts research and development activities.
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`14.
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`Below is a true and correct image formerly on Whoop’s website showing that
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`Whoop has a “lab” in Austin, Texas from which it “focuses on ‘in-the-field research” for its
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`products.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 3 of 9
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`15.
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`16.
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`In 2021, Whoop introduced a version of its wearables called the “Whoop 4.0.”
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`The Whoop 4.0 wearable device includes five (5) LED sensors and four (4)
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`photodiodes that, when worn, are placed on or toward the direction of a user’s skin. These sensors
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`and photodiodes take diagnostic measurements of various things, including heart rate, oxygen
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`levels and skin temperature.
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`17.
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`A true and correct image of the back of a Whoop 4.0 device showing its sensors
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`and photodiodes is shown below.
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`18.
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`Information measured and monitored by a Whoop wearable device is periodically
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`uploaded to a cloud database that it is maintained and/or controlled by or on behalf of Whoop.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 4 of 9
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`19.
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`The information measured and monitored by a Whoop wearable device that is
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`uploaded to a cloud database may be accessed and/or retrieved by using a mobile application
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`controlled and/or operated by or on behalf of Whoop (hereinafter, the “Whoop App”).
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`20.
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`The Whoop App is accessible from a variety of mobile devices, which mobile
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`devices act as a control system for the Whoop App.
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`21. Whoop wearable users’ mobile devices may include a touch-screen, a proximity
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`sensor, and a wireless transceiver to transmit wireless data concerning a Whoop wearable user,
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`including wireless data that includes physiological information about the user.
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`22.
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`True and correct images of the Whoop App being displayed on a mobile device are
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`shown below.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 5 of 9
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`Count I
`Infringement of U.S. Patent No. 9,055,868
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`Cheetah Omni incorporates the preceding allegations by reference.
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`Claim 7 of the ’868 patent is exemplary of the other claims and provides as follows:
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`24.
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`A diagnostic system comprising:
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`a light source comprising:
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`one or more semiconductor diodes generating an input light beam; and
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`a lens system configured to receive at least a portion of the input light beam
`and to communicate at least the portion of the input light beam onto a part
`of a user's body comprising blood, wherein at least the portion of the input
`light beam is used in a measurement on a user;
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`a software application capable of generating data based at least in part on the
`measurement on the user, wherein the data represents at least in part physiological
`information associated with the user;
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`the software application capable of operating on a control system adapted to
`receive, store and process at least a portion of the physiological information, the
`control system having a touch-screen, circuitry for obtaining position information
`from a location sensor, and a wireless transceiver to transmit wireless data over a
`wireless link, the wireless data comprising at least a part of the physiological
`information, wherein the control system is further capable of receiving voice input
`signals and manually entered input signals; and
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`a host comprising:
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`a digital file for receiving and storing at least a portion of the wireless data;
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`control logic at the host to process at least the portion of the wireless data
`to generate a status of the user;
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`a memory storage device for recording the status; and
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`an output for communicating at least a portion of the status or associated
`information over a communication link to one or more display output
`devices, wherein the one or more display output devices are located
`remotely from the host.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 6 of 9
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`25. Whoop wearables, including at least the Whoop 4.0, constitute diagnostic systems.
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`26. Whoop wearables, including at least the Whoop 4.0, are comprised of at least one
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`light source.
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`27.
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`The light source of Whoop wearables, including at least the Whoop 4.0, are
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`comprised of one or more semiconductor diodes generating an input light beam.
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`28.
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`The light source of Whoop wearables, including at least the Whoop 4.0, are
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`comprised of a lens system configured to receive at least a portion of the input light beam and to
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`communicate at least the portion of the input light beam onto a part of a user’s body comprising
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`blood, wherein at least the portion of the input light beam is used in a measurement on a user.
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`29. Whoop wearables, including at least the Whoop 4.0, are comprised of a software
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`application capable of generating data based at least in part on the measurement on the user of the
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`Whoop wearable device, wherein the data represents (at least in part) physiological information
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`associated with the user of the Whoop wearable device.
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`30. Whoop wearables, including at least the Whoop 4.0, are comprised of a software
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`application capable of operating on a control system adapted to receive, store and process at least
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`a portion of the physiological information, the control system having a touch-screen, a proximity
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`sensor, and a wireless transceiver to transmit wireless data over a wireless link, the wireless data
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`comprising at least a part of the physiological information, wherein the control system is further
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`capable of receiving voice input signals and manually entered input signals.
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`31. Whoop wearables, including at least the Whoop 4.0, utilize a host comprised of a
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`digital file for receiving and storing at least a portion of the wireless data, control logic at the host
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`to process at least the portion of the wireless data to generate a status of the user, a memory storage
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`device for recording the status; and an output for communicating at least a portion of the status or
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 7 of 9
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`associated information over a communication link to one or more display output devices, wherein
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`the one or more display output devices are located remotely from the host.
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`32. Whoop infringes and has infringed one or more claims of the ’868 patent by
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`making, using, selling and/or offering for sale within the United States, and/or importing into the
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`United States, products and systems covered by one or more claims of the ’868 patent, including
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`(without limitation) claim 7.
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`33.
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` Upon information and belief, Whoop was aware of the ’868 patent prior to the
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`filing of this Complaint. At a minimum, the filing of this Complaint provides Whoop with
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`knowledge of the ’868 patent.
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`34. Whoop induces and/or has induced infringement of one or more claims of the ’868
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`patent by inducing others such as its customers and retailers to make, use, sell and/or offer for sale
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`within the United States, and/or import into the United States, products and systems covered by
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`one or more claims of the ’868 patent (including (without limitation) claim 7), with the intent and
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`knowledge that such third parties commit such acts of direct infringement.
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`35. Whoop contributorily infringes one or more claims of the ’868 patent by offering
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`and selling products and/or components knowing they, alone or in combination with others,
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`infringe one or more claims of the ’868 patent, including (without limitation) claim 7.
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`36.
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`The foregoing is not exhaustive of the functional and technical aspects of Whoop
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`wearables or the claims of the ’868 patent and, upon information and belief, information learned
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`in discovery shall show infringement of one or more claims of the ’868 patent by additional
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`models of Whoop wearables.
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`37. Whoop’s acts and omissions described above are without authority or license from
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`Cheetah Omni.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 8 of 9
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`38.
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`Cheetah Omni has been and will continue to be damaged by Whoop’s infringement
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`in an amount to be determined at trial.
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`39.
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`Cheetah Omni has suffered irreparable harm due to Whoop’s infringement and will
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`continue to suffer irreparable harm unless and until Whoop is enjoined by this Court.
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`Prayer for Relief
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`WHEREFORE, Cheetah Omni prays for judgment against Whoop as follows:
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`A.
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`A finding that Whoop has directly infringement one or more claims of the ’868
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`patent under 35 U.S.C. § 271(a);
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`B.
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`A finding that Whoop has indirectly infringed one or more claims of the ’868 patent
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`under 35 U.S.C. § 271(b) or (c);
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`C.
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`Injunctive relief enjoining Whoop and its officers, directors, managers, employees,
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`affiliates, agents, representatives, parents, subsidiaries, successors, assigns, those in privity with
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`them, and all others aiding, abetting, or acting in concert or active participation therewith, from
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`making, using, selling, offering to sell, or importing in the U.S. any product or system covered by
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`any of the claims of the ’868 patent or otherwise directly or indirectly infringing the ’868 patent;
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`D.
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`E.
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`Compensatory damages under 35 U.S.C. § 284 in an amount proven at trial;
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`A finding that Whoop’s infringement is and/or was willful and exceptional and an
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`award of attorneys’ fees and litigation-related expenses under 35 U.S.C. § 285 and the Court’s
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`inherent authority;
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`F.
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`G.
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`H.
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`Pre-judgment and post-judgment interest;
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`Costs of the action; and
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`Such other and further relief as allowed at law or in equity that the Court deems to
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`be appropriate.
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`Case 6:23-cv-00478-XR Document 1 Filed 06/30/23 Page 9 of 9
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`/s/Spencer F. Smith
`Jamil N. Alibhai
`Texas State Bar No. 00793248
`jalibhai@munsch.com
`Winston O. Huff
`Texas State Bar No. 24068745
`whuff@munsch.com
`MUNSCH HARDT KOPF & HARR, P.C.
`500 N. Akard Street, Suite 3800
`Dallas, TX 75201
`Telephone: (214) 855-7500
`Facsimile: (214) 855-7584
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`and
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`Michael J. LaBrie, OBA #16253
`Spencer F. Smith, OBA #20430
`Zachary A.P. Oubre, OBA #30666
`McAfee & Taft A Professional Corporation
`Eighth Floor, Two Leadership Square
`211 N. Robinson
`Oklahoma City, OK 73102
`(405) 235-9621
`(405) 235-0439 (fax)
`mike.labrie@mcafeetaft.com
`spencer.smith@mcafeetaft.com
`zach.oubre@mcafeetaft.com
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`Attorneys for Cheetah Omni, LLC
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