On April 11, 2022, Woodway USA, Inc. (“Woodway” or “Plaintiff”), represented by Ashley M. Koley of Foley & Lardner LLP, filed an intellectual property lawsuit against LifeCORE Fitness, Inc. (“LifeCORE”) d/b/a Assault Fitness (collectively, “Defendant”), seeking injunctive relief, disbursement and damages, along with pre- and post-judgement interest and other reliefs for the defendant’s alleged infringement of the plaintiff’s United States Patents. This case was filed in U.S. District Court in the Southern District of California with Judge Jinsook Ohta and Judge Barbara Lynn Major presiding.
The plaintiff filed this complaint for the alleged infringement of United States Patent Nos. 9,039,580 (“the ’580 patent”); 10,561,884 (“the ’884 patent”); and 10,799,745 (“the ’745 patent”) owned by the plaintiff.
In their complaint, the plaintiff alleged, “Without permission or authorization from Woodway and in violation of 35 U.S.C. § 271(a), Defendant has imported, manufactured, used, offered for sale, and sold and continues to import, manufacture, use, offer for sale, and sell – in this District and elsewhere in the United States – the Accused Infringing Treadmills that infringe at least claim 1 of the ’580 patent. Defendant is inducing the direct infringement of at least claim 1 of the ’580 patent by aiding, abetting, and encouraging its customers’ use of the Accused Infringing Treadmills with knowledge of the infringement of the ’580 patent and with the intent to cause such infringement.”
The plaintiff further alleged, “Without permission or authorization from Woodway and in violation of 35 U.S.C. § 271(a), Defendant has imported, manufactured, used, offered for sale, and sold and continues to import, manufacture, use, offer for sale, and sell – in this District and elsewhere in the United States – the Accused Infringing Treadmills that infringe at least claim 50 of the ’884 patent. Defendant is inducing the direct infringement of at least claim 50 of the ’884 patent by aiding, abetting, and encouraging its customers’ use of the Accused Infringing Treadmills with knowledge of the infringement of the ’884 patent and with the intent to cause such infringement. Defendant’s infringement of the ’884 patent has been and continues to be willful.”
The plaintiff then alleged, “Without permission or authorization from Woodway and in violation of 35 U.S.C. § 271(a), Defendant has imported, manufactured, used, offered for sale, and sold and continues to import, manufacture, use, offer for sale, and sell – in this District and elsewhere in the United States – the Accused Infringing Treadmills that infringe at least claim 1 of the ’745 patent. Defendant is inducing the direct infringement of at least claim 1 of the ’745 patent by aiding, abetting, and encouraging its customers’ use of the Accused Infringing Treadmills with knowledge of the infringement of the ’745 patent and with the intent to cause such infringement.”
The three claims for relief laid down by the plaintiff deal with the alleged infringement of the ’580 patent, the ’884 patent and the ’745 patent owned by the plaintiff.
In their prayer for relief, the plaintiff requested the Court for a judgment that Defendant has infringed one or more claims of the ’580, ’884, and ’745 patents; to preliminarily and permanently enjoin the defendant from infringing, inducing others to infringe, or contributing to the infringement of the ’580, ’884, and ’745 patents; order Defendant to pay damages adequate to compensate the plaintiff for Defendant’s infringement of the ’580, ’884, and ’745 patents, including lost profits, but in no event less than a reasonable royalty, along with pre- and post-judgment interest; and for such other relief to the plaintiff as the Court deems just and proper.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
3:22-CV-00492
04/11/2022
Pending - Other Pending
Intellectual Property - Patent
Jinsook Ohta
Barbara Lynn Major
Woodway USA, Inc.
LifeCORE Fitness, Inc. doing business as Assault Fitness
Ashley M. Koley
Attorney at Foley & Lardner LLP
555 South Flower Street, Suite 3300
Los Angeles, CA 90071-2418
Kadie M. Jelenchick
Attorney at Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202
Matthew Wayne Peters
Attorney at Foley & Lardner LLP
777 East Wisconsin Avenue
Milwaukee, WI 53202-5306
(#10) REQUEST FOR WAIVER of Service sent to Ashley M. Koley on 4/12/22 by Woodway USA, Inc.. (Koley, Ashley) (axc). (Entered: 04/13/2022)
(#9) ORDER Approving the Pro Hac Vice Application of Matthew Wayne Peters, re #7 Request to Appear Pro Hac Vice. Signed by Judge Jinsook Ohta on 4/13/2022.(rmc) (Entered: 04/13/2022)
(#8) ORDER Approving the Pro Hac Vice Application of Kadie M. Jelenchick, re #6 Request to Appear Pro Hac Vice. Signed by Judge Jinsook Ohta on 4/13/2022.(rmc) (Entered: 04/13/2022)
(#7) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16732033.) (Application to be reviewed by Clerk.) (Peters, Matthew) (rmc). (Entered: 04/12/2022)
(#6) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16732002.) (Application to be reviewed by Clerk.) (Jelenchick, Kadie) (rmc). (Entered: 04/12/2022)
(#5) NOTICE of Appearance of Ashley M. Koley by Ashley M. Koley on behalf of Woodway USA, Inc. (Koley, Ashley) (axc). (Entered: 04/11/2022)
(#4) Corporate Disclosure Statement by Woodway USA, Inc.. No Corporate Parents/Interested Parties. (Koley, Ashley) QC mailer re document not properly captioned (axc). (Entered: 04/11/2022)
(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxt) (Entered: 04/11/2022)
(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *9,039,580*, *10,561,884*, *10,799,745* (cc: USPTO)(cxt)(jrd) (Entered: 04/11/2022)
Exhibit CC - '745 Claim Chart
Exhibit BB - '884 Claim Chart
Exhibit AA - '580 Claim Chart
Exhibit E - Altra Industrial Motion Product Brochure
Exhibit D - Assault AirRunner Product Brochure from Precor
Exhibit C - US 10,799,745
Exhibit B - US 10,561,884
Exhibit A - US 9,039,580
Civil Cover Sheet
Docket(#10) REQUEST FOR WAIVER of Service sent to Ashley M. Koley on 4/12/22 by Woodway USA, Inc.. (Koley, Ashley) (axc). (Entered: 04/13/2022)
Docket(#9) ORDER Approving the Pro Hac Vice Application of Matthew Wayne Peters, re #7 Request to Appear Pro Hac Vice. Signed by Judge Jinsook Ohta on 4/13/2022.(rmc) (Entered: 04/13/2022)
Docket(#8) ORDER Approving the Pro Hac Vice Application of Kadie M. Jelenchick, re #6 Request to Appear Pro Hac Vice. Signed by Judge Jinsook Ohta on 4/13/2022.(rmc) (Entered: 04/13/2022)
Docket(#7) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16732033.) (Application to be reviewed by Clerk.) (Peters, Matthew) (rmc). (Entered: 04/12/2022)
Docket(#6) Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16732002.) (Application to be reviewed by Clerk.) (Jelenchick, Kadie) (rmc). (Entered: 04/12/2022)
Docket(#5) NOTICE of Appearance of Ashley M. Koley by Ashley M. Koley on behalf of Woodway USA, Inc. (Koley, Ashley) (axc). (Entered: 04/11/2022)
Docket(#4) Corporate Disclosure Statement by Woodway USA, Inc.. No Corporate Parents/Interested Parties. (Koley, Ashley) QC mailer re document not properly captioned (axc). (Entered: 04/11/2022)
Docket(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxt) (Entered: 04/11/2022)
Docket(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *9,039,580*, *10,561,884*, *10,799,745* (cc: USPTO)(cxt)(jrd) (Entered: 04/11/2022)
Docket(#1) COMPLAINT With Jury Demand Against LifeCORE Fitness, Inc. (Filing fee $402.00 receipt number ACASDC-16728236.), filed by Woodway USA, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - US 9,039,580, #3 Exhibit B - US 10,561,884, #4 Exhibit C - US 10,799,745, #5 Exhibit D - Assault AirRunner Product Brochure from Precor, #6 Exhibit E - Altra Industrial Motion Product Brochure, #7 Exhibit AA - '580 Claim Chart, #8 Exhibit BB - '884 Claim Chart, #9 Exhibit CC - '745 Claim Chart)The new case number is 3:22-cv-492-JO-BLM. Judge Jinsook Ohta and Magistrate Judge Barbara Lynn Major are assigned to the case. (Koley, Ashley)(cxt)(jrd) (Entered: 04/11/2022)
Dig Deeper
Get Deeper Insights on Court Cases