Stamina Products v. Total Gym Fitness

7/31/2019 Stamina Products v. Total Gym Fitness

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Complaint (2).DOCSPH-2063950-1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MISSOURI

SOUTHERN DIVISION

__________________________________________

))STAMINA PRODUCTS, INC., )

) Civil Action No.: __________

Plaintiff, )

) JURY TRIAL REQUESTED vs. )

)

TOTAL GYM FITNESS, LLC ))

Defendant. )

__________________________________________)

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff, STAMINA PRODUCTS, INC. (“STAMINA”) alleges as follows:

PARTIES

1. Plaintiff STAMINA is a corporation organized and existing under the laws of the

State of Missouri, with a principal place of business located at 2040 N. Alliance Avenue,

Springfield, Missouri 65803.

2. Defendant TOTAL GYM FITNESS, LLC (“TOTAL GYM”) is a corporation

organized and existing under the laws of Pennsylvania with a principal place of business at 1230

American Boulevard, West Chester, PA 19380.

PATENT-IN-SUIT

3. United States Patent No. 7,179,207 (“the ‘207 Patent”) issued on February 20,

2007, and United States Patent No. 7,771,328 (“the ‘328 Patent”) issued on August 10, 2010.

The ‘207 and ‘328 patents (collectively the “Patents-In-Suit”) relate generally to exercise

apparatuses with resilient foot supports.




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4. A copy of the ‘207 Patent is attached as Exhibit A.

5. A copy of the ‘328 Patent is attached as Exhibit B.

6. The Patents-In-Suit are assigned to STAMINA.

7. STAMINA owns the Patents-In-Suit.

8. The Patents-In-Suit are currently in force.

JURISDICTION AND VENUE

9. This is an action for patent infringement arising under the United States patent

laws, 35 U.S.C. §§ 1 et seq.

10.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

§§ 1331 and 1338.

11. TOTAL GYM regularly transacts business in Missouri, and within this District.

Among other things, TOTAL GYM offers for sale and sells exercise equipment directly to

customers in this District.

12. On information and belief, TOTAL GYM also offers for sale and sells exercise

equipment to one or more retailers in Missouri and this District, and such one or more retailers

resell such exercise equipment within Missouri and this District.

13. TOTAL GYM has offered for sale and sold its Total Gym Trampoline Squat

Stand (“the TOTAL GYM TRAMPOLINE”), accused herein of patent infringement, in Missouri

and in this District.

14. TOTAL GYM is currently offering the TOTAL GYM TRAMPOLINE for sale in

Missouri and in this District through its website, www.totalgymcatalog.com, and in particular

through the web page, http://www.totalgymcatalog.com/total-gym-trampoline-squat-stand.php, a

screen shot of which is shown below:




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15. TOTAL GYM is currently offering the TOTAL GYM models XLS, 3000, and

2000 for sale in Missouri and in this District through its website, www. totalgymdirect.com, and

in particular through the web page, http://www.totalgymdirect.com/total-gym-products.php, a

screen shot of which is shown below:




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16. TOTAL GYM has minimum contacts within the State of Missouri.

17. TOTAL GYM has purposefully availed itself of the privileges of conducting

business in the State of Missouri and in the Western District of Missouri.

18. TOTAL GYM has sought the protection and benefit from the laws of the State of

Missouri.

19. TOTAL GYM regularly conducts business within the State of Missouri and

within the Western District of Missouri through its interactive, commercial websites.

20. STAMINA’s causes of action arise directly from TOTAL GYM’s business

contacts and other activities in the State of Missouri and in the Western District of Missouri.

21. This Court has personal jurisdiction over TOTAL GYM because of TOTAL

GYM’s contacts in Missouri and business activities in Missouri.

22. This Court has personal jurisdiction over TOTAL GYM pursuant to Missouri

Revised Statute § 506.500 and the Due Process Clause of the Fourteenth Amendment of the

United States Constitution.

23. Venue properly lies in this district pursuant to 28 U.S.C. §§ 1391 and 1400(b).

24. STAMINA is a proper plaintiff because it is the owner of the Patents-In-Suit.

FACTS

25. The TOTAL GYM TRAMPOLINE is a low impact trampoline squat stand that

helps to strengthen a user’s ankles.




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26. TOTAL GYM’s user instructions (“USER INSTRUCTIONS”) for the TOTAL

GYM TRAMPOLINE are copied below:




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27. TOTAL GYM provides the USER INSTRUCTIONS to each purchaser of a

TOTAL GYM TRAMPOLINE.

28. The TOTAL GYM TRAMPOLINE is intended for use on Total Gym models:

2000, 2200, 2500, 3000, 3000XL, XL, XLS, Electra, Supra, 1800 Club, 1700 Club, and Power

Platinum (“TOTAL GYM EXERCISERS”).




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29. The TOTAL GYM TRAMPOLINE is intended for use with the TOTAL GYM

EXERCISERS only.

30. TOTAL GYM instructs users not to use the TOTAL GYM TRAMPOLINE as a

stand-alone exerciser, and to only use the TOTAL GYM TRAMPOLINE when attached to a

TOTAL GYM EXERCISER.

31. A TOTAL GYM TRAMPOLINE attached to a TOTAL GYM EXERCISER

(“TOTAL GYM EXERCISER/TRAMPOLINE”) includes a track and a stand that supports the

track in an inclined configuration.

32.

A TOTAL GYM EXERCISER/TRAMPOLINE includes a movable body support

mounted on the track to enable translational movement of the movable body support.

33. A TOTAL GYM EXERCISER/TRAMPOLINE includes a trampoline (the

TOTAL GYM TRAMPOLINE) arranged to be engaged by feet of an exercising person

supported by the movable body support, wherein the movable body support is movable in a first

direction away from the trampoline and a second direction toward the trampoline, and wherein a

gravity pull moves the body support in the second direction toward the trampoline.

34. A TOTAL GYM TRAMPOLINE includes a portion thereof that is elastically

deformable upon receipt of force applied by the feet of the exercising person, wherein such

elastic deformation applies a force against the feet of the exercising person to facilitate a

movement of the movable body support in a direction away from the trampoline.

35. A TOTAL GYM TRAMPOLINE includes a frame, and an elastically deformable

portion that comprises a flexible sheet attached to the frame.

36. A TOTAL GYM TRAMPOLINE includes an elastically deformable portion that

comprises a flexible sheet.




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37. A TOTAL GYM EXERCISER/TRAMPOLINE’s stand is adjustable to change an

angle of inclination of the track.

38. A TOTAL GYM EXERCISER/TRAMPOLINE includes a frame assembly that

has a track, and a movable body support disposed on the track and constructed and arranged to

support the body of an exercising person in a position which allows the body of the exercising

person to move with the movable body support while enabling the feet of the exercising person

to be free to be moved with respect to the movable body support.

39. A TOTAL GYM EXERCISER/TRAMPOLINE includes a movable foot support

(the TOTAL GYM TRAMPOLINE) coupled to the frame assembly and constructed and

arranged to be engaged by the feet of the exercising person supported on the movable body

support, wherein the movable body support is mounted on the track for movement in a first

direction away from the movable foot support and in a second direction toward the movable foot

support.

40. A TOTAL GYM TRAMPOLINE has resilient structure capable of providing a

spring force in response to the engagement of the feet of the exercising person moving with the

movable body support in the second direction and to establish, as a result of the spring force, a

return movement by the movable foot support in the first direction which can be translated by the

exercising person into a movement of the movable body support in the first direction; wherein

movement of the movable body support relative to the track is restricted to linear translational

movement.

41. A TOTAL GYM TRAMPOLINE has a peripheral frame constructed and arranged

to be mounted on the frame assembly, and a flexible sheet member constructed and arranged to

be mounted within the peripheral frame.




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42. In a TOTAL GYM TRAMPOLINE, the spring force of the movable foot support

is provided, at least in part, by movements of resilient elastomeric cords connecting the

peripheral frame and the flexible sheet member.

43. A TOTAL GYM TRAMPOLINE includes leg portions constructed and arranged

to be detachably mounted on the frame assembly.

44. In a TOTAL GYM EXERCISER/TRAMPOLINE, the TOTAL GYM

TRAMPOLINE is detachably mounted on the frame assembly.

45. In a TOTAL GYM EXERCISER/TRAMPOLINE, the frame assembly includes a

stand structure constructed and arranged to support the track.

46. In a TOTAL GYM EXERCISER/TRAMPOLINE, the stand structure is

constructed and arranged to support the track in a generally inclined plane above a horizontal

surface.

47. In a TOTAL GYM EXERCISER/TRAMPOLINE, the stand structure defines a

number of support positions so as to allow the track to be mounted on the stand structure in any

one of the number of support positions, each of the number of support positions defining an

inclined plane above the horizontal surface.

48. In a TOTAL GYM EXERCISER/TRAMPOLINE, the movement of the movable

body support in the first direction is rectilinearly against the influence of gravity; and the

movement of the moveable body support in the second direction is under the bias of the

influence of gravity.

49. In a TOTAL GYM EXERCISER/TRAMPOLINE, the movable body support

further comprising hand grips mounted thereto, the hand grips being arranged on the movable

body support such that they may be gripped by the hands of the exercising person.




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50. A TOTAL GYM EXERCISER/TRAMPOLINE includes a set of pull lines that

are connected to the movable body support at respective first ends thereof, the pull lines having

grips that can be engaged by the exercising person at respective second ends thereof, and being

trained between the first and second ends over a set of pulleys carried by the frame assembly; the

arrangement being such that a movement in the second direction of the pull lines by the arms of

the exercising person engaging the grips is translated into a movement of the movable body

support in the first direction.

51. In a TOTAL GYM TRAMPOLINE, the resilient structure comprises at least one

elastic member.

52. In a TOTAL GYM TRAMPOLINE, the at least one elastic member comprises an

elastomeric material.

53. A TOTAL GYM EXERCISER/TRAMPOLINE is covered by multiple claims in

each of the Patents-In-Suit.

54. TOTAL GYM has made, offered for sale, sold, and/or used a TOTAL GYM

EXERCISER and TOTAL GYM TRAMPOLINE in the U.S. and/or imported a TOTAL GYM

EXERCISER and TOTAL GYM TRAMPOLINE into the U.S. after the issue dates of the

Patents-In-Suit.

55. On information and belief, TOTAL GYM has assembled a TOTAL GYM

TRAMPOLINE with a TOTAL GYM EXERCISER (collectively a “TOTAL GYM

EXERCISER/TRAMPLINE”) in the United States.

56. On information and belief, TOTAL GYM has used a TOTAL GYM

EXERCISER/TRAMPOLINE in the United States.




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57. TOTAL GYM’s infringement is objectively reckless and, on information and

belief, TOTAL GYM has no good faith belief that its activity relating to the TOTAL GYM

TRAMPOLINE does not infringe a valid claim of the Patents-In-Suit.

58. On information and belief, TOTAL GYM has manufactured and continues to

manufacture its TOTAL GYM TRAMPOLINE.

59. On information and belief, TOTAL GYM has manufactured and continues to

manufacture its TOTAL GYM EXERCISERS.

60. On information and belief, the TOTAL GYM TRAMPOLINE is manufactured

outside of the United States.

61. On information and belief, the TOTAL GYM TRAMPOLINE is imported into the

United States.

62. On information and belief, TOTAL GYM has imported and continues to import

its TOTAL GYM TRAMPOLINE into the United States.

63. On information and belief, TOTAL GYM has imported and continues to import

its TOTAL GYM EXERCISERS into the United States.

64. TOTAL GYM has offered and continues to offer its TOTAL GYM

TRAMPOLINE for sale in the United States.

65. TOTAL GYM has offered and continues to offer its TOTAL GYM

EXERCISERS for sale in the United States.

66. TOTAL GYM has sold and continues to sell its TOTAL GYM TRAMPOLINE in

the United States.

67. TOTAL GYM has sold and continues to sell its TOTAL GYM EXERCISERS in

the United States.




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68. STAMINA marks its products covered by the Patents-In-Suit with the numbers of

both Patents-In-Suit pursuant to 35 U.S.C. § 287(a).

69. On information and belief, TOTAL GYM is aware of STAMINA’s products

covered by the Patents-In-Suit.

70. On information and belief, TOTAL GYM has known since before STAMINA

filed this suit that Stamina’s products were marked with the Patents-In-Suit.

71. STAMINA gave TOTAL GYM written notice of TOTAL GYM’s infringement of

the Patents-In-Suit in a letter that TOTAL GYM received by email and facsimile on May 31,

2012.

72. On information and belief, TOTAL GYM was aware of the Patents-In-Suit prior

to commencing its infringing activities.

73. On information and belief, TOTAL GYM continued infringing the Patents-In-Suit

after becoming aware of the Patents-In-Suit.

74. The TOTAL GYM TRAMPOLINE constitutes a material part of the inventions

claimed in the Patents-In-Suit.

75. On information and belief, TOTAL GYM knows that the TOTAL GYM

TRAMPOLINE is especially made or especially adapted for use in an infringement of the

Patents-In-Suit.

76. The TOTAL GYM TRAMPOLINE is not a staple article or commodity of

commerce suitable for substantial non-infringing use.

77. Third parties have assembled a TOTAL GYM TRAMPOLINE with a TOTAL

GYM EXERCISER in the U.S.

78. Third parties have used a TOTAL GYM EXERCISER/TRAMPLINE in the U.S.




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79. Such third parties’ (“THIRD PARTY INFRINGERS”) assembly and/or use of a

TOTAL GYM EXERCISER/TRAMPLINE in the U.S. directly infringes multiple claims in each

of the Patents-In-Suit.

80. On information and belief, TOTAL GYM knows that the THIRD PARTY

INFRINGERS’ assembly and/or use of a TOTAL GYM EXERCISER/TRAMPOLINE directly

infringes the Patents-In-Suit.

81. TOTAL GYM actually induced and continues to actually induce such THIRD

PARTY INFRINGERS to directly infringe the Patents-In-Suit by, among other actions, (a)

selling the TOTAL GYM TRAMPOLINE to such THIRD PARTY INFRINGERS, (b) providing

the USER INSTRUCTIONS to such THIRD PARTY INFRINGERS, and/or (c) instructing the

THIRD PARTY INFRINGERS that the TOTAL GYM TRAMPOLINE is not a stand-alone

exerciser, and should only be used when attached to a TOTAL GYM EXERCISER.

82. TOTAL GYM knew or should have known that its actions would induce and

continue to induce actual direct infringement.

83. On information and belief, TOTAL GYM has induced and/or contributed to direct

infringement and continues to induce and contribute to direct infringement by the THIRD

PARTY INFRINGERS with the knowledge and specific intent that the THIRD PARTY

INFRINGERS directly infringe the Patents-in-Suit.

COUNT I –INFRINGEMENT OF U.S. PATENT NO. 7,179,207

84. STAMINA incorporates paragraphs 1 through 83 above by this reference, as

though fully set forth herein.

85. TOTAL GYM has directly infringed, contributorily infringed, and/or actively

induced infringement of multiple claims in the ’207 Patent by making, using, importing, offering




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for sale, and/or selling in the United States the TOTAL GYM TRAMPOLINE, either alone or in

combination with the TOTAL GYM EXERCISERS.

86. On information and belief, TOTAL GYM’s infringement of the ’207 Patent has

been and continues to be deliberate and willful, and such infringement will continue unless

TOTAL GYM is enjoined by this Court.

87. As a consequence of TOTAL GYM’s infringement complained of herein,

STAMINA has been damaged and will continue to sustain damages by such acts in an amount to

be determined at trial and will continue to suffer irreparable loss and injury.

COUNT

II –I

NFRINGEMENTO

FU.S.

P

ATENTN

O. 7,771,328

88. STAMINA incorporates paragraphs 1 through 87 above by this reference, as

though fully set forth herein.

89. TOTAL GYM has directly infringed, contributorily infringed, and/or actively

induced infringement of multiple claims in the ’328 Patent by making, using, importing, offering

for sale, and/or selling in the United States the TOTAL GYM TRAMPOLINE, either alone or in

combination with the TOTAL GYM EXERCISERS.

90. On information and belief, TOTAL GYM’s infringement of the ’328 Patent has

been and continues to be deliberate and willful, and such infringement will continue unless

TOTAL GYM is enjoined by this Court.

91. As a consequence of TOTAL GYM’s infringement complained of herein,

STAMINA has been damaged and will continue to sustain damages by such acts in an amount to

be determined at trial and will continue to suffer irreparable loss and injury.




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PRAYER FOR JUDGMENT AND RELIEF

WHEREFORE, STAMINA respectfully requests judgment and relief as follows:

(a) Pursuant to 35 U.S.C. § 271, a determination that TOTAL GYM has directly

infringed, contributorily infringed, and/or actively induced infringement of multiple claims of

each of the Patents-In-Suit;

(b) Pursuant to 35 U.S.C. § 283, an order that TOTAL GYM and those in privity with

TOTAL GYM be preliminarily and permanently enjoined from infringing the Patents-In-Suit

through the manufacture, use, import, offer for sale, and/or sale of the TOTAL GYM

TRAMPOLINE or equivalents thereof;

(c) Pursuant to 35 U.S.C. § 284, an award of damages adequate to compensate

STAMINA for infringement of the Patents-In-Suit, together with prejudgment interest, costs and

disbursements as fixed by the Court;

(d) Pursuant to 35 U.S.C. § 284, an award increasing damages up to three times the

amount found or assessed for infringement of the Patents-In-Suit by TOTAL GYM due to the

willful and deliberate nature of the infringement;

(e) Pursuant to 35 U.S.C. § 285, a determination that this is an exceptional case and an

assessment of reasonable attorneys’ fees;

(f) An award of pre- and post-judgment interest as permitted; and

(g) Such other and further relief as the Court deems equitable and just.




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DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury on all issues.

Dated: June 1, 2012 s/ Bryan O. Wade

Brayn O. Wade, #41939

Attorneys for Plaintiff, Stamina Products, Inc.

HUSCH BLACKWELL LLP

901 St. Louis Street, Suite 1800

Springfield, MO 65806T: 417.268.4000

F: 417.268.4040

[email protected]

and

Jack Barufka (to be admitted pro hac vice)

Pillsbury Winthrop Shaw Pittman LLP

1650 Tysons Blvd.

McLean, VA 22102-4856T: 703.770.7712

F: 703.905.2500

[email protected]

Documents

Stamina Products v. Total Gym Fitness