Sportbrain Holdings LLC v. Under Armour, Inc.

SportBrain Holdings LLC continues to add cases to its wearables campaign, with Anima (1:17-cv-04956), Fengfan Technology (1:17-cv-05031), Guess (1:17-cv-04957), and Nokia (1:17-cv-05030) brought in so far in July alone. The number of defendants sued so far in the campaign is now over 110. The new complaints, like their earlier counterparts, assert one patent (7,454,002), generally related to portable computing devices that wirelessly receive and integrate personal data. The accused products throughout the campaign have been wearable computing devices, including fitness trackers, smartwatches, and their associated apps.

SportBrain Holdings LLC has filed cases against Verizon (1:17-cv-03629) and ZTE (1:17-cv-03629), bringing the number of defendants named in its sole litigation campaign just shy of 100. The new complaints again assert a familiar single patent (7,454,002), which generally relates to portable computing devices that wirelessly receive and integrate personal data. The accused products throughout the campaign have been wearable computing devices, including fitness trackers, smartwatches, and their associated apps; in these latest complaints, SportBrain targets Verizon’s Wear24 and ZTE’s Quartz smartwatches, as well as associated apps.

In March 2017, SportBrain Holdings LLC added three more cases to its ever-expanding litigation campaign, suing Huami (1:17-cv-02250), Delfin (Oakley) (1:17-cv-02336), and Walgreen (1:17-cv-02337). The new filings follow a February 10 decision by the Patent Trial and Appeal Board (PTAB) to institute trial in an inter partes review (IPR) of the sole patent-at-issue (7,454,002), which generally relates to portable computing devices that wirelessly receive and integrate personal data. In recent, existing cases in the campaign, the NPE sought and received an extension of service and conference deadlines in order to consider “the possibility of staying th[e]  matter” in light of that institution decision. The accused products in the campaign have been wearable computing devices, including fitness trackers, smartwatches, and their associated apps.

Since January 2016, SportBrain Holdings LLC has added roughly 80 defendants to the campaign that it began in 2012. The latest set, all sued since the beginning of February 2017, include Apple (1:17-cv-01009), BLOCKS Wearables (1:17-cv-00982), Frederique Constant (1:17-cv-01056), HP (1:17-cv-00981), Michael Kors (1:17-cv-00980), New Balance (1:17-cv-00984), and Razer (1:17-cv-00983). (The NPE also refiled its case against AliphCom (d/b/a Jawbone) (1:17-cv-01055) after dismissing an earlier complaint against the company, without prejudice, in June 2016.) As in SportBrain’s previous suits, the new defendants’ wearable computing devices, including fitness trackers, smartwatches, and their associated apps and devices, are accused of infringing a single patent (7,454,002) generally related to portable computing devices that wirelessly receive and integrate personal data.

SportBrain Holdings LLC sued 11 companies in October, including Fullpower Technologies, Mont Blanc, Nintendo, Nixon, and Suunto, pushing its campaign defendant count to 83. As in the NPE’s previous cases, the new defendants’ wearable computing devices, including fitness trackers and smartwatches, are accused of infringing a single patent (7,454,002) generally related to portable computing devices that wirelessly receive and integrate personal data.

September 2016 saw eight new filings from SportBrain Holdings LLC, bringing the NPE’s campaign defendant count to 71. Companies sued in September included ChallengeRunner (1:16-cv-09025), Matchup (1:16-cv-09024), and The Swatch Group (1:16-cv-09200), and as in SportBrain’s earlier cases, the defendants’ wearable computing devices, including fitness trackers and smartwatches, are the accused products. A single patent (7,454,002) generally related to portable computing devices that wirelessly receive and integrate personal data is asserted in the campaign.

SportBrain Holdings LLC has brought the number of defendants in its wearables campaign above 30 with new cases filed over the past couple of weeks against Acer (1:16-cv-03953), Casio (1:16-cv-03620), Seiko Epson (1:16-cv-03906), Omron Healthcare (1:16-cv-03621), Philips (1:16-cv-03909), Physical Enterprises (d/b/a Mio Global) (1:16-cv-03908), and Under Armour (1:16-cv-03910). One patent (7,454,002) generally related to portable computing devices wirelessly receiving and integrating personal data is asserted in the campaign, which SportBrain began in Texas in 2012, continued in Delaware in 2014, and has been litigating in Illinois since the beginning of 2016.