Individual inventor Eric Cherdak is going after Motorola Mobility in his newest suit, asserting two of his own patents (5,343,445, 5,452,269). The patents-in-suit relate to a motion detection device specifically attached to or part of an athletic shoe and used to measure foot movement. At issue in the suit is Motorola Mobility’s activity tracking device that tracks a user’s steps. Similar products have been accused in Cherdak’s other litigations, many of which have involved the patents-in-suit. Both fitness companies and those that make or sell fitness-tracking devices have been sued in Cherdak’s campaign, including Garmin, JC Penney, and Walmart. Both patents were subject to ex parte reexamination and emerged from reexam in 2012 with all original claims intact. Claims 24-29 were also added to the ‘445 patent. 7/23, Eastern District of Virginia, 3:14cv00522
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