This case was last updated from U.S. District Courts on 09/26/2022 at 10:45:07 (UTC).

Health Tracker Systems LLC v. Michael Kors (USA), Inc.

Case Summary

On July 28, 2022, Health Tracker Systems LLC (“Health Tracker” or “Plaintiff”), represented by Nicholas N. Loaknauth of Loaknauth Law, P.C., filed an intellectual property lawsuit against Michael Kors, Inc. (“Michael Kors” or “Defendant”), seeking declaratory relief and damages for alleged infringement of U.S. patent owned by the plaintiff. This case was filed in the U.S. District Court for the Southern District of New York, with Judge Edgardo Ramos presiding. 

Plaintiff filed this complaint for the alleged infringement of U.S. patent No. 6,582,380 (the “’380 Patent” or “Patent-in-Suit”) titled “Systems and methods for embedding commercial information into broadcast media” owned by the plaintiff.

In the complaint, the plaintiff stated, “Plaintiff is the assignee of all right, title and interest in the ’380 Patent, including all rights to enforce and prosecute actions for infringement and to collect damages for all relevant times against infringers of the ’380 Patent. The Patent-in-Suit addressed these technical challenges by, for example, teaching an invention that monitors the intensity of the physical activity of the wearer as well as variations in those activity levels over a given period of time and which can be implemented in a device much less conspicuous than headphones.”

The plaintiff further stated, “The claims of the ’380 Patent do not merely recite the performance of a familiar business practice with a requirement to perform it on the Internet. Instead, the claims recite one or more inventive concepts that are rooted in improving the efficiency of activity monitors while reducing their size.”

The plaintiff alleged, “Defendant makes, uses, offers for sale and sells in the U.S. products, systems, and/or services that infringe the Patent-in-Suit, including, but not limited to the Michael Kors Access Gen 5E MKGO (the ‘Accused Products’ or ‘Accused Instrumentality’). The Michael Kors Access Gen 5E MKGO is a smartwatch that can be worn by the user to track activities like steps, exercise, and heart rate. The smartwatch incorporates sensors which can differentiate various activity levels performed by a user, such as running, walking, and sleeping.”

The plaintiff further alleged, “Without a license or permission from Plaintiff, Defendant has infringed one or more claims of the ’380 Patent by importing, making, using, offering for sale, and/or selling products and devices that embody the patented inventions, including, without limitation, one or more of the patented ’380 systems and methods, in violation of 35 U.S.C. § 271.”

 The plaintiff then alleged, “Defendant has directly infringed by, among other things, practicing all of the steps of the ’380 Patent by, for example, internal testing, quality assurance, research and development, and troubleshooting. By way of example, Defendant has infringed at least one or more claims of the ’380 Patent, including at least Claim 58.”

The plaintiff also alleged, “Defendant’s acts of infringement of the Patents-in-Suit have caused damage to Plaintiff, and Plaintiff is entitled to recover from Defendant the damages sustained as a result of Defendant’s wrongful acts in an amount subject to proof at trial pursuant to 35 U.S.C. § 271.”

Plaintiff stated one claim for relief from the alleged infringement of the patent-in-suit owned by the plaintiff.

In the prayer for relief, the plaintiff requested declaratory relief, an award of damages, and costs of litigation.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-06437

  • Filing Date:

    07/28/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Edgardo Ramos

 

Party Details

Plaintiff

Health Tracker Systems LLC

Defendant

Michael Kors (USA), Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Nicholas Netram Loaknauth

Attorney at The Law Office of Nicholas Loaknauth, Esq

1460 Broadway

New York, NY 10016

Defendant Attorneys

Ricardo Bonilla

Attorney at Fish & Richardson P.C. (Dallas)

1717 Main Street, Suite 5000

Dallas, TX 75201

Excylyn Janaize Hardin-Smith

Attorney at Fish & Richardson

7 Times Square, 20Th Floor

New York, NY 10036

Michael R. Ellis

Attorney at Fish & Richardson

1717 Main Street, Ste 5000

Dallas, TX 75201

Neil J. McNabnay

Attorney at Fish & Richardson P.C. (Dallas)

1717 Main Street, Suite 5000

Dallas, TX 75201

 

Court Documents

21 #1

Supplement Dismissal Order

21 #21

Main Document

#20

(#20) ORDER OF DISMISSAL WITH PREJUDICE: On this day, Plaintiff Health Tracker Systems LLC ("Plaintiff") and Defendant Michael Kors (USA), Inc. ("Defendant") announced to the Court that they have resolved Plaintiff's claims for relief against Defendant asserted in this case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff's claims for relief against Defendant with prejudice and all Defendant's claims for attorney's fees against Plaintiff, and with all attorneys' fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff's claims for relief against Defendant are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/15/2022) (ama) (Entered: 09/15/2022)

#19

(#19) PROPOSED STIPULATION AND ORDER. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) (Entered: 09/15/2022)

#18

(#18) FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Michael Kors (USA), Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Health Tracker Systems LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Loaknauth, Nicholas) Modified on 9/15/2022 (tp). (Entered: 09/14/2022)

16 #3

Text of Proposed Order Proposed Order

16 #2

Exhibit Certificate of Good Standing from the Supreme Court of Texas

16 #1

Affidavit Declaration of Ricardo J. Bonilla

16 #16

Main Document

#3

(#3) CIVIL COVER SHEET filed..(Loaknauth, Nicholas) (Entered: 07/28/2022)

#2

(#2) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) (Entered: 07/28/2022)

1 #6

Exhibit F: Screen shot

1 #5

Exhibit E: Screen shot

1 #4

Exhibit D: Screen shot

1 #3

Exhibit C: Screen shot

1 #2

Exhibit B: Claim Chart

1 #1

Exhibit A: US Pat. No. 6,582,380

1 #1

Main Document

23 More Documents Available
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Docket Entries

  • 09/15/2022
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  • Docket(#21) AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 9/15/2022 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (Attachments: #1 Supplement Dismissal Order) (ama) (Entered: 09/15/2022)

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  • 09/15/2022
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  • Docket(#20) ORDER OF DISMISSAL WITH PREJUDICE: On this day, Plaintiff Health Tracker Systems LLC ("Plaintiff") and Defendant Michael Kors (USA), Inc. ("Defendant") announced to the Court that they have resolved Plaintiff's claims for relief against Defendant asserted in this case. Plaintiff and Defendant have therefore requested that the Court dismiss Plaintiff's claims for relief against Defendant with prejudice and all Defendant's claims for attorney's fees against Plaintiff, and with all attorneys' fees, costs and expenses taxed against the party incurring same. The Court, having considered this request, is of the opinion that their request for dismissal should be granted. IT IS THEREFORE ORDERED that Plaintiff's claims for relief against Defendant are dismissed with prejudice. IT IS FURTHER ORDERED that all attorneys' fees, costs of court and expenses shall be borne by each party incurring the same. SO ORDERED. (Signed by Judge Edgardo Ramos on 9/15/2022) (ama) (Entered: 09/15/2022)

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  • 09/15/2022
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  • Docket(#19) PROPOSED STIPULATION AND ORDER. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) (Entered: 09/15/2022)

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  • 09/15/2022
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Nicholas Loaknauth. RE-FILE Document No. #18 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the wrong event type was used to file the voluntary dismissal. Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (tp) (Entered: 09/15/2022)

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  • 09/14/2022
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  • Docket(#18) FILING ERROR - DEFICIENT DOCKET ENTRY - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, against the defendant(s) Michael Kors (USA), Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Health Tracker Systems LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Loaknauth, Nicholas) Modified on 9/15/2022 (tp). (Entered: 09/14/2022)

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  • 09/07/2022
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for RICARDO J. BONILLA to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-26632163. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) (Entered: 09/07/2022)

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  • 09/07/2022
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  • Docket>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea) (Entered: 09/07/2022)

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  • 09/06/2022
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  • DocketPro Hac Vice Fee Payment: for #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-26639364..(Ellis, Michael) (Entered: 09/06/2022)

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  • 09/06/2022
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  • DocketPro Hac Vice Fee Due: for #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff...(sgz) (Entered: 09/06/2022)

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  • 09/06/2022
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  • Docket>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #15 MOTION for Michael R. Ellis to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sgz) (Entered: 09/06/2022)

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11 More Docket Entries
  • 07/29/2022
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  • Docket(#7) AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) (Entered: 07/29/2022)

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  • 07/29/2022
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  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Michael Kors (USA), Inc.. (vf) (Entered: 07/29/2022)

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  • 07/29/2022
  • DocketCase Designated ECF. (vf) (Entered: 07/29/2022)

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  • 07/29/2022
  • DocketMagistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 07/29/2022)

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  • 07/29/2022
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf) (Entered: 07/29/2022)

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  • 07/28/2022
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to Michael Kors (USA), Inc., re: #1 Complaint,. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#4) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Health Tracker Systems LLC..(Loaknauth, Nicholas) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#3) CIVIL COVER SHEET filed..(Loaknauth, Nicholas) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#2) AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Loaknauth, Nicholas) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#1) COMPLAINT against Michael Kors (USA), Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26479284)Document filed by Health Tracker Systems LLC. (Attachments: #1 Exhibit A: US Pat. No. 6,582,380, #2 Exhibit B: Claim Chart, #3 Exhibit C: Screen shot, #4 Exhibit D: Screen shot, #5 Exhibit E: Screen shot, #6 Exhibit F: Screen shot).(Loaknauth, Nicholas) (Entered: 07/28/2022)

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