Instead, the German activewear brand on Friday told a Delaware federal court that Asics America Corp. and its recently acquired affiliate FitnessKeeper Inc. are using technology covered by a string of 10 patents held by Adidas that covers technology for wearable devices offering exercise and fitness tracking and athletic training.
With its My Asics mobile application focused on tracking and training for runners, Adidas claims the Japanese company is clearly infringing on the patents and that it has or should have known the technology is registered to Adidas, not least due to litigation settled last year with Under Armour over similar claims surrounding wearable tech.
Three of the patents being asserted against Asics were included in the Under Armour litigation, according to court records, and the remaining seven are related to the other patents in that litigation, Adidas said in its complaint.
Adidas pointed to elements of the My Asics app, which is a version of FitnessKeeper’s Runkeeper technology, including a “live track” allowing users to GPS-stream their movements, “audio coaching” and even its use of wireless technology to receive communications as un-permitted use of the technology covered in its patents.
Expanding on the wireless communication claim, Adidas said features of the Asics app, like its ability to “transmit fitness information, send predetermined routes to mobile devices and provide training plans, goals and prescribed workouts” are all elements that fall under Adidas’ patents.
Other elements of the app like rankings, fitness reports and activity logs are also allegedly covered by the Adidas patents, according to the complaint.
Adidas said it “has been and continues to be injured” by Asics alleged infringement and added, “unless enjoined by this court, defendants’ acts of infringement will continue to damage Adidas irreparably.”
With multiple claims of direct and indirect infringement, Adidas asked the court for a judgment that its patents have been infringed and for a permanent injunction against Asics, barring the brand from utilizing any of the patents at issue.
Adidas is also seeking “enhanced damages” at least in an amount equal to the reasonable royalties Asics has received through the alleged use of its patents.
Neither Asics nor Adidas could be reached for comment.
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