Nike, Fitbit/Google, Under Armour Fail against Inventor Cellspin Soft

(April 14, 2021 – Oakland, CA) Judge Yvonne Gonzalez Rogers of the Northern District of California has denied a concerted attempt to invalidate an inventor’s patents by a force comprised of Fitbit, Inc., Moov, Inc., Nike, Inc., Under Armour, Inc., Fossil Group, Inc., Misfit Inc., Garmin International, Inc., Garmin USA Inc., Nikon Inc., and Nikon Americas, Inc.

According to Bloomberg Law, Cellspin Soft, Inc., with a team led by Garteiser Honea’s Scott Fuller and Randall Garteiser, overcame the § 101 arguments that Cellspin’s “Automatic Multimedia Upload for Publishing Data and Multimedia Content” patents, which describe concepts and inventions integral to the development of modern Bluetooth technologies we each use every day, lacked an inventive concept.  Cellspin had submitted fifty inventive concepts to the Court, who agreed that these crucial technologies may not have existed without Cellspin, and therefore summary judgment was not appropriate and the case should proceed to a full trial before a jury.

The Order Denying Defedant’s Motion for Summary Judgment can be found here.  The case was similarly covered in Law360.

Cellspin Soft was represented by Scott Fuller, Randall Garteiser, Christopher Honea, and the team at Garteiser Honea.

Fitbit was represented by Karim Oussayef, Jamie Kringstein, Ameet Modi, and John Desmarais of Desmarais LLP; and Shane Brun of King & Spalding LLP.

Nike was represented by Richard Mulloy, Ed Sikorski, and Peter Maggiore of DLA Piper.

Moov was represented by Shane Brun of King & Spalding.

Under Armour was represented by George Moustakas, Michael Patrick Kella, and Scott Douglas Barnett of Harness Dickey; and Vinay Joshi of Turocy & Watson LLP.

Fossil was represented by David Conrad, Dalia Kothari, Neil J McNabnay, Noel Franco Chakkalakal, Ricardo J. Bonilla, Rodeen Talebi, Theresa Dawson of Fish and Richardson; and Ameet A. Modi, David Frey, Jamie Kringstein, John Desmarais, and Karim Oussayef of Desmarais LLP.

Garmin was represented by Rachael Lamkin of Lamkin IP Defense.

Nikon was represented by Jack Londen, Colette Mayer, Jianing Liu, Stephen J. H. Liu, and Yuka Teraguchi of Morrison & Foerster LLP; and Jacob Schroeder and Houtan Esfahani of Finnegan Henderson Farabow Garrett & Dunner, LLP.