Saturday, March 5, 2016

Adidas sues Under Armour over Fit-tech Patent Infringement

Adidas has filed a lawsuit against Under Armour and its subsidiary MapMyFitness Inc. claiming that they infringed on workout-tracking software and devices. Adidas is claiming infringement on 10 of their patents in an ongoing dispute over location aware systems that enable people to monitor and track data from their workouts. Under Armour purchased the fitness technology company MapMyFitness in November 2013 for approximately $150 million. Under Armour claims that the patent is invalid because it is too broad and claims mere capabilities as opposed to the system’s use. Under Armour asserts that methods for recommending routes have been around for a very long time, and that patents for computerized versions are simply the same idea and should not be honored.

The two patents that are being specifically analyzed in the case are U.S. Patents 7,292,867 and 7,805,149. Under Armour claims that Adidas made concrete claims about usability in 149’, which they are using as a benchmark to evaluate patent 867’. Under Armour says that Adidas clearly knew the specifics of the usability and decided against putting in the patent in an attempt to extend the reach of the patent. In the case, Adidas is claiming willful infringement,which could result in a much higher penalty if they win the case.

The technology in question is the Armour39 system, which has module that can be attached to any upper body fitness wear and tracks heart rate, calories, and intensity. Lawsuits in the fit-tech space have been on the rise, as MobiHealthNews has reported several patent fights including Robert Bosch Healthcare systems and BodyMedia’s suit against Basis Science. Adidas is represented by Morris Nochols Arsht & Tunnell LLP and Kilpatrick Townsend & Stockton LLP. Under Armour is represented by Potter, Aderson, and Corroon LLP.


1 comment:

  1. HI Ryan,

    I really enjoyed reading this blog post. I particularly liked how you included the law firms that represented each of the companies and the specific numbers of the patent. After looking at the patents further, I feel that both Adidas and Under Armour use vague language intentionally to incorporate the newest technology in their products while having the ability to prosecute other firms looking to move into the wearable tech space. Moreover, I liked how you included information about MapMyFitness; it really provided good insight to the background of the case. As an area for improvement, I'd recommend talking about the verdict of the case. Keep up the good work!

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