NOSSK, Inc. v. Fitness Anywhere LLC

I. BACKGROUND

1 A. Prior Litigation 2 On November 29, 2021, the Court found that the above-captioned case is related to a case 3 previously before this Court: Fitness Anywhere LLC v. WOSS Enterprises LLC, 4 No. 5:14–cv–01725–BLF (N.D. Cal.) (the “WOSS Action”). See Related Case Order, ECF No. 15. 5 TRX filed the WOSS Action on April 14, 2014, alleging that WOSS’s products infringed 6 the ’814 Patent and U.S. Patent Nos. 7,044,896 (the “’896 Patent”) and 8,043,197 (the “’197 7 Patent”) along with claims of (1) trademark infringement; (2) unfair competition under federal and 8 California state law; and (3) tortious interference with prospective economic relationships. See 9 WOSS Action, ECF No. 1. The Court issued a claim construction order on November 19, 2015. 10 See WOSS Action, ECF No. 97. On August 23, 2016, the Court granted summary judgment in 11 favor of WOSS as to the § 103 invalidity of the ’814 Patent and non-infringement of the ’197 Patent. 12 See WOSS Action, ECF No. 149. 13 The WOSS Action went to trial in March 2017, including based on TRX’s infringement 14 claim of U.S. Patent No. 7,044,896 (the “’896 Patent”) as to the following WOSS products: …