Case 1:18-cv Document 1 Filed 01/20/18 Page 1 of 8

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1 Case 1:18-cv Document 1 Filed 01/20/18 Page 1 of 8 UHRICH LAW FIRM P.A. Craig L. Uhrich, Esq. craig.uhrich@gmail.com 222 Center Avenue Oakley, KS (785) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Personal Beasties Group LLC, Plaintiff v. Nike, Inc., Defendant. Civil Action No. 1:18-CV-516 Jury Trial Demanded COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Personal Beasties Group LLC complains and alleges as follows against Defendant Nike, Inc. The allegations herein are made based on personal knowledge as to PBG with respect to its own actions, and upon information and belief as to all other matters. PARTIES 1. Defendant NIKE, INC. ( Nike ) is a Corporation organized under the laws of the state of Oregon and has a principal place of business at One Bowerman Drive, Beaverton, Oregon Nike produces (or produced) and sells (or sold) products, including the Nike+ FuelBand.

2 Case 1:18-cv Document 1 Filed 01/20/18 Page 2 of 8 2. Plaintiff PERSONAL BEASTIES GROUP LLC ( PBG ) is a California Limited Liability Company. PBG is the owner, by assignment, of U.S. Patent No. 6,769,915 to Murgia et al. (the Murgia Patent ). JURISDICTION AND VENUE 3. This is an action for patent infringement arising under 35 U.S.C. 1, et seq. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C This Court has personal jurisdiction over the Defendant based on the Defendant s contacts with this forum, including Defendant s regular and intentional conduct of business within New York City. 5. Venue is proper in this judicial district pursuant to 28 U.S.C. 1400(b) because Defendant has committed acts of infringement and has a regular and established place of business in this district. Specifically, Defendant s sale of products and/or services such as the Nike FuelBand within this district are acts of infringement, and Defendant has at least one regular and established place of business within the district, such as Nike Soho.

3 Case 1:18-cv Document 1 Filed 01/20/18 Page 3 of 8 (Retrieved from on October 4, 2017) THE MURGIA PATENT 6. The Murgia Patent teaches, inter alia: A user-interactive behavioral modification system (10) includes a base module (12) with an input (14) for a first set of personal data (16). A feedback interface (18) provides feedback in response to the first data set (16). A main database (22) maintains the first data set (16). A main controller (24) generates a main output signal (26) for causing feedback to the user (28) according to a predetermined set of behavioral pattern rules (30). The feedback interface (18) receives a feedback input signal (32) and includes a display (34) for displaying an appearance of a character (36) based on the first set of personal data (16) and in response to the received input signal (32). The appearance of the character (36) is controlled to encourage the user (28) to perform desired behavioral

4 Case 1:18-cv Document 1 Filed 01/20/18 Page 4 of 8 responses according to the behavioral pattern rules (30). U.S. Patent 6,769,915, Abstract. 7. Figs. 8 and 7, shown below, illustrates several aspects of the inventions of the Murgia Patent. NIKE FUELBAND 8. Nike+ FuelBand, offered in various versions (e.g. FuelBand, FuelBand SE, etc.) (collectively, Fuelband ) is a series of personal fitness trackers that work in conjunction with an online computer system ( Nike Plus, NikePlus.com, or Nike+ ) and smartphone Apps to help a user set personal activity goals and encourage the user to reach those goals.

5 Case 1:18-cv Document 1 Filed 01/20/18 Page 5 of 8 9. Nike Fuelband assists users in modifying their behavior (e.g. exercise patterns) by providing them with a system that allows them to input their personal data. When the user wears the Fuelband, it collects additional data. When the system detects that the user s behavior matches a pattern (e.g. achieving a fitness goal, or a streak of fitness goals) the system provides feedback to the user.

6 Case 1:18-cv Document 1 Filed 01/20/18 Page 6 of 8 10.That feedback may take the form of an animated gauge and/or character. The Fuelband system varies the appearance of the characters and guages including, e.g., cartoon characters celebrating the user s achievements: 11.Nike made, used, imported, offered for sale and/or sold the Fuelband directly via its website at through its own retail outlets including but not limited to Nike Soho, directly or indirectly through retail outlets such as Best Buy or Amazon.com, and via other channels of commerce.

7 Case 1:18-cv Document 1 Filed 01/20/18 Page 7 of 8 COUNT I PATENT INFRINGEMENT 12.The foregoing numbered paragraphs are incorporated by reference into this section. 13.Nike infringes or has infringed one or more claims of the Murgia Patent by making, using, selling, importing, offering for sale, or selling Fuelband products and/or associated computer based services. 14.Nike continues to maintain and operate computer based services for the benefit of its Fuelband customers. 15.Nike infringes at least each and every limitation of Claim 1 of the Murgia Patent. Whether Nike infringes other claims of the Murgia Patent, and whether other Nike products or services infringe the claims of the Murgia Patent, will become known through further discovery in this case. PRAYER FOR RELIEF Plaintiff prays for entry of judgment against Defendant Nike, granting relief as follows: A. Judgment that Defendant infringes one or more claims of the Murgia Patent, directly and/or indirectly, literally and/or under the doctrine of equivalents. B. An Order for an accounting; C. An award of damages pursuant to 35 U.S.C. 284 sufficient to compensate Plaintiff for Defendant s past infringements, and any continuing or future infringement, up until the date that Plaintiff s patent expires;

8 Case 1:18-cv Document 1 Filed 01/20/18 Page 8 of 8 D. A determination of a reasonable royalty for any future infringement by Defendant, and an Order to Defendant to pay such royalty on future infringement; E. As assessment of pre-judgment and post-judgment interest and costs against Defendant, and an Order awarding such interest and costs, in accordance with 35 U.S.C. 284; F. That Defendant be directed to pay enhanced damages, including Plaintiff s attorneys fees, incurred in connection with this lawsuit pursuant to 35 U.S.C. 285; and G. Such other and further relief as this Court may deem just and proper. JURY DEMAND Plaintiff demands a trial by jury on all issues. Dated: 20 January 2018 Respectfully submitted, /s/ Craig L. Uhrich Craig L. Uhrich UHRICH LAW FIRM P.A. 222 Center Avenue Oakley, KS (785) craig.uhrich@gmail.com Attorneys for Plaintiff Personal Beasties Group LLC