Fitistics, LLC v. Fossil Group, Inc. et al.
Infringement action filed 21 May 2023 in the United States District Court for the Eastern District of Texas and closed 27 Sep 2023, with 3 patents asserted. Recorded basis of termination: dismissed without prejudice.
Case record
- Patents involved
- US11185738B1US8915823B2US11252235B2
- Case no.
- 2:23-cv-00224
- Verdict cause
- Infringement action
- Court
- E.D. Tex.
- Court level
- District Court
- Case region
- Texas
- Chief judge
- None recorded
- Trial level
- First instance
- Filed – Closed
- 21 May 2023 – 27 Sep 2023
- Duration
- 129 days
- Basis of termination
- Dismissed without Prejudice
- Products & marks
- System and method for processing information
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System and method for processing information
A system for processing biological data is provided and includes a monitoring device configured to receive biological data responsive to a living being. The system also includes an interface device communicated with the monitoring device to receive the biological data. Furthermore, the system includes a data transfer device, configured to receive the biological data from the interface device and communicate the biological data to a processing device for processing. Additionally, a method for processing biological information is provided, wherein the method includes receiving biological information from a monitoring device responsive to a first party and responsive to an exercise regime and processing the biological information to generate resultant information responsive to at least one physical characteristic of the first party.
- Legal status
- Inactive
- Granted
- 30 Nov 2021
- Est. expiry
- 14 Aug 2034
- Validity challenges
- 2 on record2025-001128 · Patentability · filed by Fitistics, LLC90015241 · EPR
- Licences recorded
- None recorded
- Inventors
- MCKIRDY, SEAN · NUTINI, ROBERT
- Classification
- A63B24/00A63B71/06H04L29/08
- Examiner
- BLAISE, MALINA D.
System and method for processing information
A method for processing biological information is provided, wherein the method includes receiving biological information from a monitoring device responsive to a first party and responsive to an exercise regime and processing the biological information to generate resultant information responsive to at least one physical characteristic of the first party.
- Legal status
- Active
- Granted
- 23 Dec 2014
- Earliest priority
- 1 Dec 2006
- Est. expiry
- 30 Nov 2027
- Validity challenges
- None recorded
- Licences recorded
- None recorded
- Inventors
- MCKIRDY, SEAN · NUTINI, ROBERT
- Classification
- A63B24/00G16H20/30G16H40/67
- Examiner
- RICHMAN, GLENN
Also asserted in this case
1 moreThe docket lists 3 asserted patents. Full bibliographic detail, drawings and prosecution history for the remaining asserted patent are one query away in Eureka.
Parties of record
Fitistics, LLC
- Core tech
- A63B24/00A63B71/06H04L29/08G16H20/30
- Counsel
- Carey Matthew Rozier · James Francis McDonough III · Jonathan Lloyd Hardt
- Firm
- Rozier Hardt McDonough PLLC
Fossil Group, Inc.
- Core tech
- Not recorded
- Counsel
- Neil J McNabnay · Ricardo Joel Bonilla · Riley James Green
- Firm
- Fish & Richardson LLP
- Also named
- Fossil Stores I, Inc. · Fossil Partners, LP
Counsel of record
| Attorney | For | Role |
|---|---|---|
| Carey Matthew Rozier | Fitistics, LLC | Plaintiff |
| James Francis McDonough III | Fitistics, LLC | Plaintiff |
| Jonathan Lloyd Hardt | Fitistics, LLC | Plaintiff |
| Neil J McNabnay | Fossil Group, Inc. | Defendant |
| Ricardo Joel Bonilla | Fossil Group, Inc. | Defendant |
| Riley James Green | Fossil Group, Inc. | Defendant |
Basis of termination
From the record · verbatim“Before the Court is the Joint Stipulation of Dismissal (the “Stipulation”) filed by Fitistics, LLC (“Plaintiff”) and Fossil Group, Inc., Fossil Stores I, Inc., and Fossil Partners, L.P. (“Defendants”). (Dkt. No. 23.) In the Stipulation, the parties represent that the above-captioned case has been resolved and request dismissal of all claims in the above-captioned action without prejudice. (Id. at 1.) Having considered the Stipulation, the Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff against Defendants in the above-captioned case are DISMISSED WITHOUT PREJUDICE, and all counterclaims asserted by Defendants against Plaintiff are DISMISSED WITHOUT PREJUDICE. Each party is to bear its own fees, costs, and expenses. All pending requests for relief in the above-captioned case not explicitly granted herein are DENIED AS MOOT. The Clerk of Court is directed to CLOSE the above-captioned case as no parties or claims remain.”
Case 2:23-cv-00224 · E.D. Tex. · closed 27 September 2023
Related cases
Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.
Frequently asked questions
What is case 2:23-cv-00224?
2:23-cv-00224 is a patent infringement action brought by Fitistics, LLC against Fossil Group, Inc., filed on 21 May 2023 in the United States District Court for the Eastern District of Texas. The case closed on 27 September 2023.
Which patents were asserted in 2:23-cv-00224?
US11185738B1 (“System and method for processing information”), assigned to FITISTICS, LLC, currently inactive; US8915823B2 (“System and method for processing information”), assigned to FITISTICS, LLC, currently active; US11252235B2 (“System and method for processing information”), assigned to NTT DOCOMO, INC.|FITISTICS, LLC. The record also lists System and method for processing information.
How was case 2:23-cv-00224 terminated?
The recorded basis of termination is dismissed without prejudice. The termination text reads: “Before the Court is the Joint Stipulation of Dismissal (the “Stipulation”) filed by Fitistics, LLC (“Plaintiff”) and Fossil Group, Inc., Fossil Stores I, Inc., and Fossil Partners, L.P. (“Defendants”). (Dkt. No. 23.) In the Stipulation, the parties represent that the above-captioned case has been resolved and request dismissal of all claims in the above-captioned action without prejudice. (Id. at 1.) Having considered the Stipulation, the Court ACCEPTS AND ACKNOWLEDGES that all claims and causes of action asserted by Plaintiff against Defendants in the above-captioned case are DISMISSED WITHO
What does dismissal without prejudice mean?
A dismissal without prejudice ends this action but leaves the claims alive — the plaintiff may file them again later, subject to the limitation period.
How long did case 2:23-cv-00224 take?
129 calendar days, from filing on 21 May 2023 to closure on 27 September 2023.
Who were the attorneys and the judge in 2:23-cv-00224?
Carey Matthew Rozier, James Francis McDonough III and Jonathan Lloyd Hardt are recorded as counsel for plaintiff Fitistics. Neil J McNabnay, Ricardo Joel Bonilla and Riley James Green appear for defendant Fossil Group.
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