FindACase | LoganTree LP v. Garmin International, Inc.
LoganTree LP v. Garmin International, Inc.
GARMIN INTERNATIONAL, INC. and GARMIN USA, INC., Defendants.
Plaintiff LoganTree LP has sued Defendants Garmin International, Inc. and Garmin U.S.A., Inc. (collectively “Garmin”) for patent infringement of U.S. Patent No. 6, 059, 576 (“the ‘576 Patent”), as reexamined. Garmin moves to dismiss LoganTree's infringement claim pursuant to Fed.R.Civ.P. 12(b)(6) and asks the Court for a hearing on its motion. Because LoganTree pled its infringement claim in sufficient detail, the Court denies Garmin's Motion to Dismiss as well as its motion for a hearing.
LoganTree is a partnership organized under Nevada law. LoganTree's sole general partner is Gulfstream Ventures, LLC, which is owned and managed by Theodore and Anne Brann. Theodore Brann is the named inventor of the ‘576 Patent, which was issued by the United States Patent and Trademark Office (“PTO”) on May 9, 2000. Brann assigned all right, title and interest in the ‘576 Patent to LoganTree.
The ‘576 Patent generally relates to a device worn by an individual that measures, analyzes, and records data about the individual's body movements using an accelerometer, programmable microprocessor, internal clock, and memory. One of the preferred embodiments for the device consists of a “self-contained movement measuring device” that can be attached to the individual in a “variety of positions based on the specific movement being observed” and the “particular application in which the device is used.” The ‘576 Patent notes that the invention could be useful “for any number of sports, including football, baseball, basketball, or tennis” due to the variety of ways that the microprocessor can be programmed to operate.
LoganTree alleges that Garmin is making, selling, and offering to sell to customers within the United States accelerometer-based activity monitoring devices that infringe the reexamined ‘576 Patent. Specifically, LoganTree alleges that the following models of wearable accelerometer-based activity trackers infringe its patent: vivofit model family, vivosmart model family, vivoactive model family, vivomove model family, Fenix model family, Forerunner model family, Epix model family, Tactix model family, Quatix model family, D2 model family, Approach model family, Foretrex model family, TruSwing model family, and the Swim model family (collectively, the “Accused Products”).
LoganTree initially filed suit in the Western District of Texas, but that suit was dismissed without prejudice on venue grounds. On August 23, 2017, LoganTree filed suit in this Court alleging infringement of each of the 185 claims in the reexamined ‘576 Patent. LoganTree's Complaint contains a description of the '576 Patent, sets forth the three independent claims of the ‘576 Patent, and attaches a chart detailing how three of Garmin's Accused Products allegedly incorporate the elements of claim 1 of the reexamined ‘576 Patent. LoganTree seeks an award of damages to compensate it for Garmin's alleged infringement, a permanent injunction prohibiting Garmin from infringing the reexamined ‘576 Patent, attorneys' fees, and costs. Garmin has filed a Motion to Dismiss LoganTree's Complaint for failure to state a claim (Doc. 10) and a Motion for Hearing on its Motion to Dismiss (Doc. 19). LoganTree opposes Garmin's Motion to Dismiss, but in the alternative, moves to amend its Complaint (Doc. 15).