This case was last updated from U.S. District Courts on 09/26/2022 at 10:32:26 (UTC).

NEC Corporation v. Peloton Interactive, Inc.

Case Summary

On July 28, 2022, NEC Corporation (“NEC” or “Plaintiff”), represented by Cortlan S. Hitch and Kenneth L. Dorsney of Morris James LLP, filed an intellectual property lawsuit against Peloton Interactive, Inc. (“Peloton” or “Defendant”), seeking injunctive relief and damages for alleged infringement of U.S. patents owned by the plaintiff. This case was filed in the U.S. District Court for the District of Delaware, with Judge Colm F. Connolly presiding.

Plaintiff filed this complaint for the alleged infringement of U.S. patent Nos. 8,752,101 (the “’101 Patent”), 8,909,809 (the “’809 Patent”), and 9,769,427 (the “’427 Patent”) (collectively the “patents-in-suit”) owned by the plaintiff.

In the complaint, the plaintiff stated, “The claims of the patents-in-suit are directed to patent eligible subject matter under 35 U.S.C. § 101. They are not directed to any abstract idea, and the technologies covered by the claims comprise content delivery and distribution systems and/or consist of ordered combinations of features and functions that, at the time of the invention, were not, alone or in combination, well- understood, routine, or conventional.”

The plaintiff alleged, “Defendant offers content streaming services—such as the ‘Peloton App’—that deliver content data from a transmission device to one or more reception devices and manufactures and/or sells products—such as the ‘Peloton Bikes’ and ‘Peloton Treads’—that use such content streaming services (together, the ‘Accused Products’).”

The plaintiff further alleged, “The Accused Products also connect a client device, such as a laptop, tablet, cellphone, a Peloton Bike, or a Peloton Tread to a Peloton content delivery server. The content delivery server then requests content from a server, and then transmits that content to the user device, along with sub content that is overlaid onto the content.”

The plaintiff then alleged, “On information and belief, Defendant directly infringes, literally and/or under the doctrine of equivalents, at least Claims 1, 2, 4, 5, 11, 12, 14–16, 18, 20–23, 25, and 26 of the ’101 Patent in violation of 35 U.S.C. § 271(a). Defendant makes, has made, offers to sell, sells and/or uses the Accused Products. Defendant has known of the ’101 Patent at a date prior to the filing of this Complaint, and has known of the ’101 Patent at least upon the filing of this Complaint.”

The plaintiff additionally alleged, “On information and belief, Defendant is liable for inducing infringement of the ’101 Patent under 35 U.S.C. § 271(b) by having knowledge of the ’101 Patent and knowingly causing or intending to cause, and continuing to knowingly cause or intend to cause, direct infringement of the ’101 Patent, with specific intent, by its customers.”

The plaintiff also alleged, “Peloton contributes to infringement of the ’101 Patent by, inter alia, promotion, and/or sales of the infringing Accused Products to Peloton’s customers for their use of the content distribution method as claimed in the ’101 Patent. Those customers directly infringe the ’101 Patent by using the Accused Products. As a result of Defendant’s infringement of the ’101 Patent, Plaintiff has been, and will continue to be, damaged and will suffer irreparable injury.”

Plaintiff stated three claims for relief from the alleged infringement of the patents-in-suit owned by the plaintiff.

In the prayer for relief, the plaintiff requested injunctive and declaratory relief along with an award of damages and costs of litigation incurred by the plaintiff.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-00987

  • Filing Date:

    07/28/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Colm F. Connolly

 

Party Details

Plaintiff

NEC Corporation

Defendant

Peloton Interactive, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

Kenneth Laurence Dorsney

Attorney at Morris James LLP

500 Delaware Avenue, Suite 1500

Wilmington, DE 19899-2306

Cortlan S. Hitch

Attorney at Morris James LLP

500 Delaware Ave, Ste 1500

Wilmington, DE 19801

Jennifer C. Tempesta

Lance Goodman

Michael E. Knierim

Nick Palmieri

Robert L. Maier

Sarah J. Guske

Defendant Attorney

Karen Jacobs

Attorney at Morris, Nichols, Arsht & Tunnell LLP

1201 North Market Street, P.O. Box 1347

Wilmington, DE 19899

 

Court Documents

1 #1

Main Document

1 #1

Exhibit A-F

1 #2

Civil Cover Sheet

#2

(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 07/28/2022)

#3

(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,752,101 ;8,909,809 ;9,769,427. (apk) (Entered: 07/28/2022)

#4

(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NEC Corporation. (apk) (Entered: 07/28/2022)

#5

(#5) Summons Issued as to Peloton Interactive, Inc. on 7/28/2022. (apk) (Entered: 07/28/2022)

#6

(#6) SUMMONS Returned Executed by NEC Corporation. Peloton Interactive, Inc. served on 7/28/2022, answer due 8/18/2022. (Dorsney, Kenneth) (Entered: 07/28/2022)

#7

(#8) MOTION for Pro Hac Vice Appearance of Attorney Lance J. Goodman, Attorney Sarah Guske, Attorney Robert Maier, and Attorney Jennifer C. Tempesta - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 08/30/2022)

#8

(#9) MOTION for Pro Hac Vice Appearance of Attorney Michael E. Knierim and Attorney Nick Palmieri - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 09/01/2022)

#7

(#7) STIPULATION TO EXTEND TIME for Defendant Peloton Interactive, Inc. to answer, move, or otherwise respond to the Complaint (D.I. 1) to October 3, 2022 - filed by Peloton Interactive, Inc.. (Jacobs, Karen) (Entered: 08/18/2022)

 

Docket Entries

  • 09/07/2022
  • DocketPro Hac Vice Attorney Jennifer C. Tempesta, Nick Palmieri, Michael E. Knierim, Sarah J. Guske, Lance Goodman, Robert L. Maier for NEC Corporation, added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. Associated Cases: 1:22-cv-00986-CFC, 1:22-cv-00987-CFC, 1:22-cv-00988-CFC(smg) (Entered: 09/07/2022)

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  • 09/01/2022
  • DocketSO ORDERED, re (8 in 1:22-cv-00988-CFC, 9 in 1:22-cv-00986-CFC, 9 in 1:22-cv-00987-CFC) MOTION for Pro Hac Vice Appearance of Attorney Michael E. Knierim and Attorney Nick Palmieri, filed by NEC Corporation. Ordered by Judge Colm F. Connolly on 9/1/2022. Associated Cases: 1:22-cv-00987-CFC, 1:22-cv-00986-CFC, 1:22-cv-00988-CFC (kmd) (Entered: 09/01/2022)

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  • 09/01/2022
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  • Docket(#9) MOTION for Pro Hac Vice Appearance of Attorney Michael E. Knierim and Attorney Nick Palmieri - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 09/01/2022)

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  • 08/30/2022
  • DocketSO ORDERED, re (7 in 1:22-cv-00988-CFC, 8 in 1:22-cv-00986-CFC, 8 in 1:22-cv-00987-CFC) MOTION for Pro Hac Vice Appearance of Attorney Lance J. Goodman, Attorney Sarah Guske, Attorney Robert Maier, and Attorney Jennifer C. Tempesta, filed by NEC Corporation Ordered by Judge Colm F. Connolly on 8/30/2022. Associated Cases: 1:22-cv-00987-CFC, 1:22-cv-00986-CFC, 1:22-cv-00988-CFC(kmd) (Entered: 08/30/2022)

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  • 08/30/2022
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  • Docket(#8) MOTION for Pro Hac Vice Appearance of Attorney Lance J. Goodman, Attorney Sarah Guske, Attorney Robert Maier, and Attorney Jennifer C. Tempesta - filed by NEC Corporation. (Dorsney, Kenneth) (Entered: 08/30/2022)

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  • 08/18/2022
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  • DocketSO ORDERED, re #7 STIPULATION TO EXTEND TIME for Defendant Peloton Interactive, Inc. to answer, move, or otherwise respond to the Complaint (D.I. 1) to October 3, 2022 filed by Peloton Interactive, Inc., Set/Reset Answer Deadlines: Peloton Interactive, Inc. answer due 10/3/2022. Signed by Judge Colm F. Connolly on 8/18/2022. (nmf) (Entered: 08/18/2022)

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  • 08/18/2022
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  • Docket(#7) STIPULATION TO EXTEND TIME for Defendant Peloton Interactive, Inc. to answer, move, or otherwise respond to the Complaint (D.I. 1) to October 3, 2022 - filed by Peloton Interactive, Inc.. (Jacobs, Karen) (Entered: 08/18/2022)

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  • 08/03/2022
  • DocketCase Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. Associated Cases: 1:22-cv-00986-CFC, 1:22-cv-00987-CFC, 1:22-cv-00988-CFC (rjb) (Entered: 08/03/2022)

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  • 07/28/2022
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  • Docket(#6) SUMMONS Returned Executed by NEC Corporation. Peloton Interactive, Inc. served on 7/28/2022, answer due 8/18/2022. (Dorsney, Kenneth) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#5) Summons Issued as to Peloton Interactive, Inc. on 7/28/2022. (apk) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#4) Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NEC Corporation. (apk) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#3) Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 8,752,101 ;8,909,809 ;9,769,427. (apk) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#2) Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) (Entered: 07/28/2022)

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  • 07/28/2022
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  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Peloton Interactive, Inc. ( Filing fee $ 402, receipt number ADEDC-3924406.) - filed by NEC Corporation. (Attachments: #1 Exhibit A-F, #2 Civil Cover Sheet)(apk) (Entered: 07/28/2022)

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