Santa Ana, CA: Patent Attorneys For Icon Health & Fitness, Inc. Filed A Patent Infringement Lawsuit Asserting Two Utility Patents Against Corona, CA Based Nellie’s Exercise Equipment, Inc. and Octane Fitness, LLC
Santa Ana, CA – Icon Health & Fitness, Inc.’s (“Icon”) patent attorneys filed a patent infringement complaint at the Federal District Court in Santa Ana, accusing Corona, California based Nellie’s Exercise Equipment, Inc. and Octane Fitness, LLC of infringing two of Icon’s patents. Icon states that it is “an award-winning innovator in the field of exercise equipment and provides a variety of consumer products.” Icon is the assignee of the invention covered by U.S. Patent No. 5,104,120, titled “Exercise Machine Control System.” Icon is also the owner by assignment of the invention covered by U.S. Patent No. 6,019,710, titled “Exercising Device With Elliptical Movement.”
Icon alleges that both defendants infringe on both of the patents through the manufacturing, importing, and/or sale of the Octane Fitness Q47 Series exercise device. “The conduct of [Defendants] as set forth hereinabove gives rise to a claim for infringement of the Asserted Patents, pursuant to at least 35 U.S.C. §§ 271 and 281. Icon also asserts that it “is entitled to injunctive and monetary relief against [defendants], pursuant to 35 U.S.C. §§ 283, 284, and 285. The case is titled Icon Health & Fitness, Inc. v. Octane Fitness, LLC, et al., SACV 08-00437 CJC (C.D. Cal. 2008).
The complaint alleges that defendant “Blue Sky first began using the Nobel, Nobel Biocare, Replace, Nobelreplace, and Nobelguide marks in connection with the sale and promotion of its [dental] goods in February of 200, long after [Plaintiff] Nobel had commenced its substantial use and promotion of its” Nobel trademarks and long after it had registered the trademarks with the USPTO. The complaint alleges infringement of the ‘160 patent and the '361 patent. It also alleges infringement of registered trademarks under 15 U.S.C. § 1114. False designation of origin is asserted under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and dilution of trademarks under 15 U.S.C. § 1125(c)(1). California causes of action are asserted for unfair competition under Cal. Bus. & Prof. Code § 17200 and common law trademark infringement. The case is titled Nobel Biocare USA, LLC v. Blue Sky Bio, LLC, CV08-01407 ODW (C.D. California).
Licensing negotiations hit a sour note and Activision filed the instant complaint asking the District Court in Los Angeles to rule that the ‘405 Patent is invalid and/or not infringed by the Guitar Hero video-game. Activision also alleges that because Gibson has been aware of the Guitar Hero video-game for many years and has encouraged its sale, that Gibson should be estopped from asserting the patent. Also, because Gibson has encouraged the sale of the games, Activision argues that it has an implied license under the ‘405 patent. Further, Activision alleges that because Gibson has been fully aware of the Guitar Hero video-game for several years, it should not be able to enforce the patent under the doctrine of laches. The case is titled Activision Publishing, Inc. v. Gibson Guitar Corporation, CV08-01653 PSG (C.D. California).