NOSSK, Inc. v. Fitness Anywhere LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 NOSSK, INC., Case No. 21-cv-08914-BLF

Plaintiff,

ORDER DENYING PLAINTIFF

v. NOSSK, INC.’S MOTION FOR

PRELIMINARY INJUNCTION

FITNESS ANYWHERE LLC, et al., [Re: ECF No. 28] Defendants.

12 Before the Court is Plaintiff NOSSK, Inc.’s (“NOSSK”) motion for preliminary injunction against Defendant Fitness Anywhere LLC d.b.a. TRX (“TRX”) in this declaratory judgment action for noninfringement and invalidity of TRX’s patent—U.S. Patent No. 8,083,653 (the “’653 Patent”). This action stems from TRX’s patent infringement complaint to Amazon regarding two of the products NOSSK sold via Amazon, which resulted in NOSSK’s products being delisted. In its motion for preliminary injunction, NOSSK seeks a mandatory injunction requiring TRX to withdraw its complaint to Amazon regarding NOSSK’s products, which it argues do not infringe TRX’s patent. TRX opposes, arguing that NOSSK fails…