©

©
lQJ


1 II LAW OFFICE OF TIMOTHY L. JOENS
A Professional Corporation
2" TIMOTHY L. JOENS, ESQ. - STATE BAR #090532
3 " 2201 Dupont Drive, Suite 820
Irvine, California 92612
4 Tel: (949) 851-0866 .. Fax: (949) 851-1250
5 Attorneys for Plaintiff,
6 II FITISTICS, LLC
..........
OJ
.. <
o
0 1- .....
,-,1 r'11 c:::>
'.' :-.,
-i c:::>
if. ';
1>- 1-' .
C)
- - I
10
:.:J -0
_f" .... r_
i:: .
C: ,_ c.)
"',,,,f • .J

-l
-'1
,.- .

["';
r-''-1t

7
8
9
UNITED STATES DISTRICT COURT
10
FOR THE CENTRAL DISTRICT OF CALIFORNIA
11 " FITISTICS, LLC, a Connecticut
12" corporation,
13
14
15
vs.
Plaintiff,
UNISEN, INC.; FORD-ABC 864736;
16" CORE INDUSTRIES, INC.; and, STAR
17 II TRAC HEALTH & FITNESS,
Defendants.
Plaintiff alleges:
I
)
)
)
)
)
)
)
)
)
)
)
2
THE PARTIES
CASE NO.:
SACV12 - 01774 JVS (ANx)
COMPLAINT FOR BREACH OF
CONTRACT; BREACH OF THE
IMPLIED COVENANT OF
GOOD FAITH & FAIR
DEALING; FRAUD; PATENT
INFRINGEMENT; COPYRIGHT
INFRINGEMENT; TRADE-
MARK INFRINGEMENT; &
INTERFERENCE WITH
PROSPECTIVE ECONOMIC
ADVANTAGE
DEMAND FOR JURY TRIAL
18
19
20
21
22
23
24
25
26
27
1. Fitistics, LLC ("FITISTICS") is a Connecticut corporation having a principal
28 II place of business in Connecticut.
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
1
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 1 of 44 Page ID #:1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. Plaintiff is informed and believes, and based thereon alleges, that at all times
herein mentioned, Defendant, CORE INDUSTRIES, INC. (hereinafter referred to as
"CORE"), is and was a corporation incorporated under the laws of the state of
California and doing business in the state of California, and recently converted to a
limited liability company under the laws of the state of California. Plaintiff is further
informed and believes, and based thereon alleges, that CORE's principal place of
business is in Irvine, California.
3. Plaintiff is informed and believes, and based thereon alleges, that at all times
herein mentioned, Defendant, UNISEN, INC. (hereinafter referred to as "UNISEN"),
is and was a corporation incorporated under the laws of the state of California and
doing business in the state of California. Plaintiff is further informed and believes,
and based thereon alleges, that UNISEN's principal place of business is in Vancouver,
Washington.
4. Plaintiff is informed and believes, and based thereon alleges, that at all times
herein mentioned, Defendant, STAR TRAC HEALTH & FITNESS, is and was a
corporation incorporated under the laws of the state of California and doing business
in the state of California. Plaintiff is further informed and believes, and based thereon
alleges, that STAR TRAC HEALTH & FITNESS’s principal place of business was in
Irvine, California, and that said STAR TRAC HEALTH & FITNESS merged into and
became a part of UNISEN (hereinafter jointly referred to as "STAR TRAC").
5. Plaintiff is informed and believes, and based thereon alleges, that at all times
herein mentioned, Defendant, FORD-ABC 864736 (hereinafter referred to as
"FORD"), is and was a corporation incorporated under the laws of the state of
California and doing business in the state of California.
II
JURISDICTION AND VENUE
6. This Court has original subject matter jurisdiction over this action pursuant
to 28 U.S.C. §§ 1331 and 1338(a).
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
2
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 2 of 44 Page ID #:2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
7. This Court may exercise personal jurisdiction over Defendants because all of
the Defendants are residents of the state of California, all of the Defendants reside in
this judicial district, and all of the Defendants have minimum contacts with this forum
as a result of business regularly conducted within the State of California and this
judicial district.
8. Venue is proper in this Court under 28 U.S.C. §§ 1391(b),( c), and (d) and
1400(b). All of the Defendants reside in this district. Moreover, a substantial part of
the events, acts, and omissions giving rise to this action occurred in this district,
Defendants conduct substantial business in this district, and Defendants have a
substantial presence here.
III
FACTS COMMON TO ALL COUNTS
9. Plaintiff is informed and believes, and based thereon alleges, that Defendant
FORD entered into a written agreement with Defendant UNISEN by which the later
party assigned all of its assets to Defendant FORD for the benefit of the creditors of
Defendant UNISEN and Defendant FORD agreed to act as the trustee of said assets
for the benefit of said creditors.
10. Thereafter, in compliance with the notices provided by Defendants, and
each of them, Plaintiff filed timely claims for payment of the claims set forth herein
from Defendant FORD. Nevertheless, said Defendant has failed and refused to pay all
or any portion of said sums to Plaintiff.
11. Plaintiff is further informed and believes, and based thereon alleges, that
Defendant CORE entered into a written contract with Defendant FORD by which said
Defendant purchased certain assets formerly belonging to Defendant UNISEN from
Defendant FORD and assumed certain liabilities therefrom. Plaintiff is informed and
believes, and based thereon alleges, that among the liabilities Defendant CORE
assumed were the sums due to Plaintiff as set forth in this complaint. Notwithstanding
that said sums are well past due and owing, Defendants have failed and refused, and
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
3
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 3 of 44 Page ID #:3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
continue to fail and refuse, to pay said sums, and/or any of said sums, to Plaintiff.
12. FITISTICS develops and sells fitness solutions, including, but not limited
to USB docking stations (herein "FITISTICS docking stations") that plug into
virtually any cardio-vascular exercise equipment and allow users to record various
workout-related data. This data can later be uploaded onto a website, where it can be
analyzed and used to proactively monitor exercise and encourage a healthier lifestyle.
13. STAR TRAC, UNISEN, and CORE have manufactured and sold, and
continue to manufacture and sell, cardio-vascular exercise equipment.
14. In or about February of 2008, FITISTICS completed its first release of
www.FITISTICS.com, a website designed to collect and analyze data captured from
FITISTICS' docking stations.
15. In or about March of 2008, FITISTICS attended the International Health,
Racquet & Sportsclub Association (IHRSA) trade show as an exhibitor to display
FITISTICS technology and conduct meetings with health club chains and equipment
manufacturers.
16. STAR TRAC was one of five equipment manufacturers with which
FITISTICS was actively engaged in business conversations at the 2008 IHRSA trade
show. Representatives of FITISTICS met with STAR TRAC's Vice President of
Marketing, Randy Bergstedt (herein "Bergstedt"), multiple times at the trade show.
17. During those March 2008 meetings, and thereafter, Mr. Bergstedt expressed
interest in FITISTICS' technology, and arranged for FITISTICS representatives to
travel to STAR TRAC's Irvine, California, corporate office for a demonstration of the
FITISTICS docking stations. FITISTICS successfully demonstrated the use of its
technology on equipment that STAR TRAC presented for use in such testing inside its
engineering laboratory.
18. Immediately after the demonstration, FITISTICS' representatives met with
STAR TRAC's President, Steve Nero; its Vice President of Engineering, Kevin
Corbalis; its Chief Systems Architect, Greg Wallace; its Cardio Product Manager,
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
4
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 4 of 44 Page ID #:4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Andrew Moore; and, Mr. Bergstedt, to discuss potential business relationships moving
forward.
19. In the first week of April 2008, Mr. Bergstedt informed FITISTICS that Mr.
Corbalis would be taking over future discussions on defining the business opportunity
that he said existed between FITISTICS and STAR TRAC. Mr. Corbalis immediately
thereafter contacted representatives of FITISTICS and started a 1½ month long
negotiation process that included STAR TRAC performing due diligence relative to
FITISTICS software and hardware, website and patent filings, as well as the
negotiation of certain employment contracts with certain of the principals of
FITISTICS.
20. STAR TRAC and FITISTICS entered into a written license on or about
May 9, 2008 (herein "the License Agreement").
21. Pursuant thereto, FITISTICS granted STAR TRAC an exclusive license to
make, use, sell, offer for sale, import and export FITISTICS' docking stations
throughout the world. In exchange therefor and as part of the consideration for said
agreement, STAR TRAC promised, covenanted and agreed to pay certain royalties to
FITISTICS for each docking station sold or otherwise disposed of by STAR TRAC in
any country in which FITISTICS owned a pending application or issued patent as
designated in said License Agreement.
22. In addition, STAR TRAC and FITISTICS entered into a second written
agreement by which STAR TRAC agreed to purchase and FITISTICS agreed to sell to
STAR TRAC the FITISTICS website. In exchange therefor and as a part of the
consideration for said agreement, STAR TRAC agreed to pay FITISTICS the sum of
$225,000.00 (herein "the Website Purchase Agreement").
23. Section 7.5 of the License Agreement explicitly states that STAR TRAC
and FITISTICS would "jointly issue one or more appropriate media/press releases
with regard to the existence of License Agreement within seven (7) days of the
Effective Date or as soon as reasonably practicable thereafter." No joint media/press
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
5
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 5 of 44 Page ID #:5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
release was ever issued, despite the fact FITISTICS repeatedly made demand therefor
of STAR TRAC. Notwithstanding said demands, STAR TRAC refused to make any
such media/press releases of any kind relative to said agreement.
24. Section 4 of the License Agreement states that FITISTICS would endeavor
to obtain additional customers for STAR TRAC and its Docking Station and that
FITISTICS could offer such customers use of the Docking Stations, and/or use of
STAR TRAC's exercise equipment that has an integrated USB port for collection of
the fitness data. Section 7.5 states that "FITISTICS shall be able to disclose to
prospective purchasers of rights in the Licensed Patents the identity of STAR TRAC
and the existence of this Agreement."
25. FITISTICS had been repeatedly told that all the main cardio product lines
already had fully functional USB connectivity.
26. Contrary to said representations that STAR TRAC's cardio product lines
had fully functional USB connectivity, in fact none of STAR TRAC's products had
any solution and/or ability to implement USB connectivity and/or any ability to
interface with the website STAR TRAC purchased from FITISTICS with any of their
exercise machines.
27. As of November 2008, and despite the lack of a working product that
permitted the requisite connectivity, STAR TRAC signed a major equipment deal to
Esporta, a European health club chain, worth up to $10 million. Multiple STAR
TRAC executives told FITISTICS that the FITISTICS USB capabilities, which STAR
TRAC had yet to implement, and as discussed in paragraph 29, supra, did not have the
ability without the FITISTICS technology to implement, were the main reason for the
success of this transaction.
28. Needing to create the product that included the requisite connectivity that it
had promised to deliver to Esporta, STAR TRAC used FITISTICS' docking station
software in STAR TRAC's integrated docking stations. As a result, essentially all of
STAR TRAC's cardio products directly copied and used FITISTICS' software,
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
6
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 6 of 44 Page ID #:6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
including using the exact format and encryption technology that was in the FITISTICS
docking stations.
29. By March of 2009, with FITISTICS' assistance, STAR TRAC products had
been successfully outfitted with FITISITICS' USB docking station software to achieve
the functionality that had been promised to Esporta, including working with the
website FITISTICS had sold to STAR TRAC, now called eFitness
(www.eFitnessSystem.com).
30. Mr. Bergstedt informed FITISTICS that the successful use of the
FITISTICS software would open opportunities to sell FITISTICS docking stations to
Esporta and to others.
31. Also in March of 2009, STAR TRAC once again had a booth at the IHRSA
trade show. STAR TRAC used the trade show as the official launch of the STAR
TRAC fitness website, www.eFitnesssystem.com. This website (herein "STAR
TRAC's eFitness Website") was STAR TRAC's adaptation of the website FITISTICS
had sold to STAR TRAC (www.FITISTICS.com). Leading up to the trade show, Mr.
Bergstedt and others had been fostering an environment at STAR TRAC where the
focus was on integrated USB docking stations. Prior to the trade show, Mr. Bergstedt
told FITISTICS that there would not be any USB docking stations on display at the
show.
32. At the trade show, the team from Nike+ visited the STAR TRAC booth,
where Messrs. Bergstedt, McKirdy, and Robert Nutini (both of whom were
FITISTICS officers) discussed having an aftermarket product become part of the
Nike+ "ecosystem."
33. After the trade show, discussions began between Nike, through Brandon
Burroughs (herein "Burroughs"), and STAR TRAC, through Bergstedt, and
FITISTICS. Mr. Burroughs also began having direct discussions with Messrs.
McKirdy and Nutini about the FITISTICS technology. FITISTICS supplied a
demonstration USB docking station to Nike for evaluation at the Nike corporate office
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
7
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 7 of 44 Page ID #:7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in Oregon, which was very well received.
34. Between the months of March and October of 2009, Nike, STAR TRAC,
and FITISTICS discussed options for integrating data from the USB technology onto
the Nike+ system. Additionally, Nike wanted to explore an aftermarket product that
would allow for faster penetration of their technology into the commercial market
without having to rely on new equipment being sold that worked with iPods/iPhones.
The FITISTICS and/or STAR TRAC docking stations were a perfect match.
35. These discussions with Nike presented an enormous opportunity for
FITISTICS as well as STAR TRAC. STAR TRAC would gain significant revenue
through the sale of the FITISTICS docking station, and FITISTICS would gain
royalties on all these sales.
36. At the same time, Mr. Bergstedt's interference was adversely affecting
FITISTICS' other business relationships and opportunities. Mr. Bergstedt repeatedly
inserted himself in such negotiations in an effort to force the integrated USB docking
stations bundled with STAR TRAC exercise machines on potential customers.
37. Mr. Bergstedt ultimately terminated a number of potentially lucrative
business opportunities, claiming lack of opportunity for STAR TRAC, despite the fact
that STAR TRAC would have received the bulk of the revenue for all sales of the
FITISTICS' external docking station, with only a royalty going to FITISTICS. These
represented significant lost opportunities to FITISTICS despite their previous
representations to FITISTICS, had no intention of honoring its agreement to sell the
FITISTICS external docking stations.
38. By the end of September of 2009, FITISTICS had held multiple discussions
with Nike and proposed various options for conducting business that involved various
levels of involvement by STAR TRAC.
39. At this time, there had still been no press release by STAR TRAC even
mentioning FITISTICS, and the FITISTICS docking station was not listed on the
STAR TRAC website or in any sales catalogs.
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
8
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 8 of 44 Page ID #:8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
40. In or about October of 2009, the Club Industry Trade Show was held in
Chicago. Once again, STAR TRAC made no efforts to promote the FITISTICS
docking station.
41. On the first night of that trade show, on or about October 15, 2009, Mr.
McKirdy approached Mr. Nero, the President of STAR TRAC, and asked to speak
with him about the Nike business opportunity.
42. Immediately after hearing Mr. McKirdy's proposed deal with Nike, Mr.
Nero shot down the idea, flatly telling Mr. McKirdy, "No, I will not let you do that
deal with Nike." When Mr. McKirdy asked why, Mr. Nero replied that a deal with
Nike would not help STAR TRAC sell cardio products. Mr. McKirdy responded by
reminding Mr. Nero that, as part of the License Agreement, FITISTICS had a charter
to explore and execute sub-licensing deals on the FITISTICS technology.
43. At that point, Mr. Nero physically took Mr. McKirdy by the arm and said,
"Follow me." Mr. Nero led Mr. McKirdy to two STAR TRAC Sales Managers, Kevin
Einck and John Sweeney. Mr. Nero then began to berate Mr. McKirdy, telling him,
"Sean, you are not an entrepreneur…I own your ass, and I own Bob's [i.e, Mr. Nutini]
ass. I never intended to sell your technology, I bought your company for $225,000
when I bought your website and I also own your patents. I fucked you … How does it
feel to be fucked? When your employment agreements are over, I am going to fire
you and Bob, and then I am going to own your technology and there isn't anything you
can do about it."
44. As a result of STAR TRAC's interference, FITISTICS never entered into an
agreement with Nike. In addition to the lost profits from that potentially lucrative
opportunity, FITISTICS lost all credibility with Nike. Combined with the loss of
credibility from losing the Virgin opportunity and its ongoing association with STAR
TRAC (whose reputation in the industry was in rapid decline due, inter alia, to its
repeated failure to honor its contractual commitments, both to its customers and its
suppliers/vendors), FITISTICS' credibility in the fitness solutions market further
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
9
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 9 of 44 Page ID #:9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
suffered.
45. Shortly thereafter, STAR TRAC's business was in decline. STAR TRAC's
suppliers/vendors began to delay shipments due to lack of payments from STAR
TRAC, causing further harm to FITISTICS' business reputation.
46. Despite all this, FITISTICS honored the terms of its agreements with STAR
TRAC. Over the next few months, STAR TRAC continued to benefit from significant
equipment sales because they had access to FITISTICS' technology, which would be
used to help close large equipment sales in the YMCA and University markets.
47. Mr. McKirdy began working with and reaching out to key STAR TRAC
accounts, including Anytime Fitness and Lifetime Fitness. At the March 2010 IHRSA
trade show, the executive teams from Anytime Fitness and Lifetime Fitness met with
Mr. McKirdy regarding custom hardware options that could be further developed
around the FITISTICS technology.
48. However, a few months after the 2010 IHRSA trade show, STAR TRAC
was in such a poor position financially that Lifetime Fitness e-mailed Mr. McKirdy
and said, "Sean, I like your product, but I will not do business with STAR TRAC until
there are significant management changes."
49. Anytime Fitness had STAR TRAC as a preferred vendor at that time.
However, the deteriorating quality of STAR TRAC's products, and STAR TRAC's
unwillingness/inability to provide service/repairs to their customers lead to Anytime
Fitness' releasing STAR TRAC from Anytime Fitness' preferred vendor status list.
This change in preferred vendor status also eliminated FITISTICS' opportunity to
provide a custom solution for Anytime Fitness around FITISTICS' technology, and
further damaged FITISTICS' business reputation.
50. In May of 2010, Mr. Nero was replaced as President of STAR TRAC. The
new president was Mike Leveque, who previously served as STAR TRAC's European
division director.
51. Soon after Mr. Leveque took over as President, Mr. McKirdy held a
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
10
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 10 of 44 Page ID #:10
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
telephone conference with Mr. Leveque to review the business relationship between
FITISTICS and STAR TRAC.
52. During that telephone conference, Mr. Leveque agreed to help "make things
right" and asked FITISTICS for some time to try to repair the relationship. Mr.
Leveque tasked Mr. Corbalis to review the existing License Agreement and
communicate with FITISTICS about a possible renegotiation of the terms of the
License Agreement.
53. In or about July 2010, STAR TRAC was acquired by Mike Bruno. Despite
the change in ownership, the management team remained the same, and FITISTICS
and Mr. Corbalis continued to discuss a renegotiation of the terms of the License
Agreement. During this time, STAR TRAC continued to benefit from its business
relationship with FITISTICS.
54. On or about November 18, 2010, FITISTICS learned that STAR TRAC
would be restructuring under an assignment for benefit of creditors filing. Prior
thereto and during the time of the parties' negotiations, STAR TRAC was fully aware
that they would be restructuring a company under an assignment for benefit of
creditors filing, and had been working with a law firm to manage this process. STAR
TRAC continued the negotiations (knowing full well that these negotiations would
never result in a new agreement), and represented that these negotiations were being
conducted in good faith, in order to continue to receive the benefit of its business
relationship with FITISTICS. STAR TRAC thus actively misled FITISTICS about the
prospect of a new agreement.
55. The License Agreement was terminated on or about November 19, 2010.
56. However, the damage to FITISTICS' business and reputation did not end
with the termination of the License Agreement. In Spring of 2011 FITISTICS was
exploring a business relationship with Octane Fitness. After a series of discussions
Octane Fitness withdrew from negotiations because it understood (through STAR
TRAC's incorrect statements) that FITISTICS no longer owned any of its intellectual
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
11
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 11 of 44 Page ID #:11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
property.
57. Plaintiff is informed and believes that STAR TRAC's incorrect statements
lead Octane Fitness to believe that STAR TRAC owned all of FITISTICS' intellectual
property. This misinformation had an adverse effect on FITISTICS' prospective
economic relationship with Octane Fitness.
58. STAR TRAC's deliberate misstatements regarding the ownership of
FITISTICS' intellectual property continues to adversely affect FITISTICS.
59. Further, STAR TRAC never fully paid FITISTICS the royalties as required
under Section 3 of the License Agreement.
60. STAR TRAC also never fully paid FITISTICS royalties owed from
obtaining new customers under Section 4 of the License Agreement.
IV
COUNT I
BREACH OF CONTRACT
(Against All Defendants)
61. Plaintiff refers to and incorporates by this reference as though fully set forth
herein, each and every allegation set forth in paragraphs 1 through 60 above.
62. Plaintiff FITISTICS has performed all of the acts, promises, covenants, and
agreements on its part to be performed under the License Agreement at issue herein,
except those the performance of which have been excused.
63. Defendants, and each of them, have not performed the terms of the subject
contract and have breached the terms thereof in that they have failed to pay the
agreed-upon royalty payments, as stated in sections 3 and 4 of the License Agreement,
in an amount to be determined at trial, but not less than $1,085,000.00, and failed to
honor the terms of Section 7.5 of the License Agreement, to Plaintiff's detriment in an
amount to be determined at trial.
64. As a direct and proximate result of Defendants, and each of their breaches
of the terms of the subject contract, Plaintiff, FITISTICS, has been damaged, and
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
12
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 12 of 44 Page ID #:12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
continues to be damaged, in an amount to be determined at trial, but not less that
$1,085,000.00, together with interest thereon at the legal rate through and including
the present.
V
COUNT II
FRAUD
(Against All Defendants)
65. Plaintiff refers to and incorporates by this reference as though fully set forth
herein, each and every allegation set forth in paragraphs 1 through 64 above.
66. When STAR TRAC entered into the License Agreement, Website Purchase
Agreement, and Employment Contract, STAR TRAC represented that it would use its
best efforts to promote, develop and sell FITISTICS docking stations and that it would
pay royalties to FITISTICS under the License Agreement if FITISTICS would enter
into said agreement. In addition, STAR TRAC made repeated representations that
FITISTICS could independently pursue business relationships with other interested
companies and continue to promote the FITISTICS brand and technology, subject to
the agreed-upon revenue-split in the License Agreement.
67. STAR TRAC made these representations, repeatedly and through a
multitude of its officers and employees, knowing that they were false, and intending
for Plaintiff to rely on them.
68. Plaintiff did in fact reasonably rely on STAR TRAC's representations as set
forth above. Said reliance was reasonable. In reliance thereon, Plaintiff entered in
the License Agreement and other agreements set forth herein, and undertook the
course of conduct alleged herein.
69. In reality, STAR TRAC's goal was to squeeze as much technology,
knowledge, and expertise as possible out of FITISTICS with one hand, while blocking
off any and all opportunities for growth and exposure with the other.
70. As outlined in detail above, STAR TRAC's fraud was admitted by its then
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
13
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 13 of 44 Page ID #:13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
President, Mr. Nero, on or about October 15, 2009.
71. As a direct and proximate result of Plaintiffs' reliance on STAR TRAC's
repeated misrepresentations, Plaintiff has suffered financial and reputational damage
in an amount to be determined at trial, but in excess of $900,000.00.
72. Furthermore, STAR TRAC acted, or failed to act, fraudulently,
oppressively, and maliciously in conscious disregard of Plaintiff's rights and with the
intent to cause it cruel and unjust hardships, thus warranting punitive damages, in an
amount to be determined at trial.
VI
COUNT III
BREACH OF IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
(Against All Defendants)
73. Plaintiff refers to and incorporates by this reference as though fully set
forth herein, each and every allegation set forth in paragraphs 1 through 72 above.
74. Plaintiff FITISTICS has performed all of the acts, promises, covenants, and
agreements on its part to be performed under the License Agreement at issue herein,
except those the performance of which have been excused.
75. The License Agreement contains an implied covenant of good faith and fair
dealing by and between the parties which prohibits them from engaging in any activity
or conduct which would prevent the other party from receiving the benefits of the
contract and which required that Defendants use their best efforts to promote, sell and
develop the products that were the subject of the exclusive license granted thereby.
76. Defendants, and each of them, have not performed the terms of the subject
contract and have breached the terms thereof in that they have failed and refused to
market, sell and develop the FITISTICS docking station and in fact have endeavored
to prevent said docking station from being sold, marketed and/or developed.
77. Defendants, in acting or failing to act as alleged above, breached the
implied covenant of good faith and fair dealing. As a direct and proximate result of
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
14
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 14 of 44 Page ID #:14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Defendants' breach, Plaintiffs have been damaged in an amount to be determined at
trial, but in excess of the sum of $900,000.00.
VII
COUNT IV
PATENT INFRINGEMENT
(Against All Defendants)
78. Plaintiff refers to and incorporates by this reference as though fully set forth
herein, each and every allegation set forth in paragraphs 1 through 77 above.
79. On November 30, 2007, a patent application was filed that resulted in the
issuance of US Patent No. 8,118,709 ("the '709 patent") on February 21, 2012.
80. The '709 patent claims priority to provisional application No. 60/872,203,
filed on December 1, 2006.
81. The '709 patent pertains to a system for collecting biological, workout, and
machine data from an exercise machine and storing the data on a data transfer device
for analysis.
82. FITISTICS is the sole owner of the '709 patent.
83. A copy of the '709 patent is attached as Exhibit A.
84. Defendants have and continue to use, manufacture, sell, and/or offer to sell
products that infringe, contribute to the infringement of, and/or induce the
infringement of the '709 patent.
85. Among the products used, manufactured, sold, and/or offered for sale by
Defendant that infringe, contribute to the infringement of, and/or induce the
infringement of the '709 patent (herein "the accused products") are:
a. Treadmills:
i. E-TREX
ii. E-TRXi
iii. E-TRX
b. Cross-Trainers:
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
15
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 15 of 44 Page ID #:15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
i. E-CTE
ii. E-CTi
iii. E-CT
c. Steppers:
I. E-STe
ii. E-STi
iii. E-ST
d. Upright Bikes:
I. E-Ube
ii. E-UBi
iii. E-UB
e. Recumbent Bikes:
I. E-RBe
ii. E-RBi
iii. E-RB
f. Stairmills:
I. E-SMe
ii. E-SMi
iii. E-SM
g. Espinner
h. eFitness USB Box
i. And/or any units containing part no. 700-0115 and/or 700-0116
j. replacement part nos. 700-0115 and/or 700-0116.
86. On information and belief, Defendants continue to use, manufacture, sell,
and/or offer to sell the infringing products throughout the United States and
internationally.
87. The eFitness USB Box, part no. 700-0115, and part no. 700-0116, are all
designed to be used in combination with an exercise machine to practice the claimed
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
16
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 16 of 44 Page ID #:16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
invention of the '709 patent.
88. The eFitness USB Box, part no. 700-0115, and part no. 700-0116, are not a
staple articles and have no substantial non-infringing uses.
89. FITISTICS entered into a license agreement with STAR TRAC, effective
May 23, 2008.
90. This license agreement (herein "the License Agreement") was terminated at
least as of November 19, 2010.
91. Thus, Defendants no longer had permission to make, use, sell, offer to sell,
import, or export any products that practice any claims of the '709 patent at least as of
November 19, 2010. Unless enjoined by this Court, Defendants will continue to
infringe the '709 Patent.
92. The aforesaid past and continuing actions of Defendants are in violation of
35 U.S.C. § 271 et seq. of the Patent Act and has caused and continues to cause
Plaintiff irreparable harm warranting the imposition of preliminary and permanent
injunctive relief, as well as money damages for past infringement.
VIII
COUNT V
WILLFUL PATENT INFRINGEMENT
(Against All Defendants)
93. Plaintiff refers to and incorporates by this reference as though fully set forth
herein, each and every allegation set forth in paragraphs 1 through 92 above.
94. At least as early as May, 2008, STAR TRAC was informed that FITISTICS
had filed an application for the then-pending '709 patent.
95. Prior to entering negotiations for the License Agreement, STAR TRAC
conducted its own inquiry into the validity of the then-pending '709 patent as part of
its due diligence.
96. On or about May 23, 2008, Defendants entered into the License Agreement,
which included an exclusive license to practice the then-pending '709 patent. After
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
17
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 17 of 44 Page ID #:17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
obtaining the license, Defendants brought to market the accused products.
97. In developing the accused products, Defendants copied the software used in
FITISTICS' USB docking station and used the copied software in its integrated
docking stations. This wholesale adoption of FITISTICS' software demonstrates the
strong similarity between FITISTICS' USB docking station and the integrated docking
stations in the accused products.
98. The '709 patent issued on February 21, 2012.
99. Defendants had actual knowledge of the '709 patent. Moreover,
Defendants knew that the accused products infringe the '709 patent. Unless enjoined
by this Court, Defendants will continue to infringe the '709 Patent.
100. The past and continuing acts of Defendants constitute willful infringement
of the '709 patent and has caused and continues to cause Plaintiff irreparable harm
warranting the imposition of preliminary and permanent injunctive relief, as well as
money damages for past infringement.
IX
COUNT VI
COPYRIGHT INFRINGEMENT
(Against All Defendants)
101. Plaintiff refers to and incorporates by this reference as though fully set
forth herein, each and every allegation set forth in paragraphs 1 through 100 above.
102. FITISTICS has sought copyright protection for an original work titled
"Computer program for ensuring secure communications of exercise machine data
using a unique encryption key".
103. This copyrighted software (herein "FITISTICS' software") was designed
by FITISTICS in or about 2007 to work in conjunction with FITISTICS docking
stations to achieve new functionality, including downloading and uploading
customized workouts, workout data, and biological data.
104. The originality of FITISTICS' software is well recognized in the fitness
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
18
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 18 of 44 Page ID #:18
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
industry and has received national media attention.
105. Effective May 23, 2008, STAR TRAC acquired a license to use
FITISTICS' software through the License Agreement.
106. After the execution of the License Agreement, it became apparent that,
though STAR TRAC's exercise machines had the hardware to connect to USB ports,
STAR TRAC had not developed any of its own software to enable the functionality of
FITISTICS' docking station (which used FITISTICS' software), such as uploading and
downloading customized workouts, workout data, and biological data.
107. STAR TRAC continues to use FITISTICS' software in all of the accused
products, and therefore to reproduce and distribute FITISTICS' software.
108. The License Agreement was terminated on or about November 19, 2010.
109. Thus, Defendants no longer have permission to reproduce or distribute
FITISTICS' software at least as of November 19, 2010, yet they continue to do so to
this date. Unless enjoined by this Court, Defendants will continue to infringe
Plaintiff's well-established intellectual property rights.
110. The aforesaid past and continuing actions of Defendants are in violation
of 17 U.S.C. § 501 et seq. and has caused and continues to cause Plaintiff irreparable
harm warranting the imposition of preliminary and permanent injunctive relief, as well
as money damages for past infringement.
X
COUNT VII
TRADEMARK INFRINGEMENT
111. Plaintiff refers to and incorporates by this reference as though fully set
forth herein, each and every allegation set forth in paragraphs 1 through 110 above.
112. FITISTICS develops and sells fitness solutions, including, but not limited
to, USB docking stations that plug into virtually any cardio-vascular exercise
equipment and allow users to record various workout-related data. This data can later
be uploaded onto a website, where it can be analyzed and used to proactively monitor
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
19
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 19 of 44 Page ID #:19
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
exercise and encourage a healthier lifestyle.
113. Since at least September 1, 2007, FITISTICS has continuously used the
highly distinctive trademark FITISTICS to market and sell its products throughout the
United States and the world.
114. FITISTICS has devoted substantial time, effort, and resources to the
development and extensive promotion of the FITISTICS mark and products offered
thereunder.
115. The FITISTICS registration is in full force and effect on the Patent &
Trademark Office's Principal Register, and gives rise to presumptions in favor of
FITISTICS with respect to validity, ownership, and exclusive rights to use the
FITISTICS mark throughout the United States.
116. FITISTICS is the sole owner and rights-holder in the FITISTICS mark.
117. STAR TRAC has and continues to infringe the FITISTICS mark by
displaying the mark on the displays of the accused products.
118. Additionally, STAR TRAC has and continues to infringe the FITISTICS
mark by displaying the mark in the headers of software code running on the accused
products.
119. STAR TRAC's unauthorized uses of the FITISTICS mark on the accused
products is likely to confuse, mislead, and deceive consumers as to the origin of the
accused products. Unless enjoined by this Court, Defendants will continue to infringe
Plaintiff's trademark rights.
120. STAR TRAC uses the actual FITISTICS mark, and this mark is displayed
on STAR TRAC products that infringe the '709 patent and FITISTICS' software.
These infringing products are sold in the United States and throughout the world.
121. FITISTICS has not consented to, sponsored, endorsed, or approved of
STAR TRAC's continued and post-license use of the FITISTICS trademark or any
variations thereof in connection with the manufacture, marketing, or sale of any
products or services.
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
20
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 20 of 44 Page ID #:20
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
122. The aforesaid past and continuing actions of STAR TRAC constitute
trademark infringement in violation of 15 U.S.C. §§ 1125 and has caused and
continues to cause Plaintiff irreparable harm warranting the imposition of preliminary
and permanent injunctive relief, as well as money damages for past infringement.
XI
COUNT VIII
INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS
(Against All Defendants)
123. Plaintiff refers to and incorporates by this reference as though fully set
forth herein, each and every allegation set forth in paragraphs 1 through 122 above.
124. In spring of 2011 FITISTICS was exploring a business relationship with
Octane Fitness. Their discussions created an economic relationship that probably
would have resulted in an economic benefit to FITISTICS.
125. After a series of discussions, Octane Fitness withdrew from negotiations
because it understood (through STAR TRAC's incorrect statements) that FITISTICS
no longer owned any of its intellectual property.
126. Plaintiff is informed and believes that STAR TRAC knew of the
relationship between FITISTICS and that STAR TRAC's public, and materially
incorrect, statements that STAR TRAC owned all of FITISTICS' intellectual property
were made in an effort to disrupt FITISTICS' business relationships.
127. STAR TRAC made these false and deceptive statements (namely, that
STAR TRAC, not FITISTICS, owned FITISTICS' intellectual property).
128. As a result, FITISTICS' economic relationship with Octane Fitness, and
possibly others, was disrupted and FITISTICS was harmed.
129. STAR TRAC's deliberate misstatements regarding the ownership of
FITISTICS' intellectual property was a substantial factor in causing harm to
FITISTICS.
130. These acts constitute an intentional inference with FITISTICS' economic
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
21
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 21 of 44 Page ID #:21
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
relationship with, inter alia, Octane Fitness - an economic relationship that probably
would have resulted in an economic benefit to FITISTICS.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment and relief against the Defendants,
and each of them, as follows:
A. For an award of actual damages according to proof herein, but in excess of
$1,085,000.00;
B. For interest at the legal rate on all damages awarded herein;
C. For punitive and examplary damages according to proof;
D. For a judicial determination that the '709 Patent is infringed by Defendants;
E. For a judicial determination that the '709 Patent is valid and enforceable;
F. For a judicial determination that Defendants' infringement of the '709 Patent
is willful;
G. That preliminary and permanent injunctions be issued against Defendants
for, inter alia, their continued and ongoing infringement of the claims of the '709
patent, the FITISTICS trademark, and FITISTICS' copyrighted material by Defendants
and their parents, subsidiaries, officers, directors, employees, affiliates, representatives
and agents, and all those acting in concert with or through Defendants, directly or
indirectly, including, but not limited to, distributors, customers, and other retailers;
H. That an accounting be had for damages caused to Plaintiff by Defendants'
respective acts in violation of the U.S. Patent Act (35 USC § 1, et seq.) together with
pre-judgment and post-judgment interest;
I. That damages be awarded in accordance with the U.S. Patent Act, 35 USC §
1, et seq., and in no event less than a reasonable royalty to be affixed by the Court
after due and careful consideration of evidence related to such damages;
J. That any damages awarded in accordance with any prayer for relief be
enhanced and, in particular, trebled in accordance with the U.S. Patent Act (35 USC §
1, et seq.) for Defendants' respective acts which are found to be willful acts of patent
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
22
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 22 of 44 Page ID #:22
1 infringement;
2 K. For a declaration that this case is exceptional pursuant to 35 U.S.C. § 285
3 and an award of attorney's fees and costs in this action is appropriate; and
4 L. Such other and further relief as this Court shall deemjust and proper.
5 Dated: October 12, 2012
6
LAW OFFICE OF TIMOTHY L. JOENS
A Professional Corporation
7
8
9
10
11
12
13
DEMAND FOR TRIAL By JURY
The Plaintiff hereby demands a TRIAL BY JURY on all issues so triable.
Dated: October 12, 20 12 LAW OFFICE OF TIMOTHY L. JOENS
14 A Professional Co oration
15
16
17
18
19
20
21
22
23
24
25
26
27
28
COMPLAINT FOR DAMAGES FOR BREACH OF CONTRACT, ETC.
23
~ •.. , .
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 23 of 44 Page ID #:23
EXHIBIT A
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 24 of 44 Page ID #:24
111111 1111111111111111111111111111111111111111111111111111111111111
(12) United States Patent
McKirdy et a1.
(54) SYSTEM AND METHOD FOR PROCESSING
INFORMATION
(75) Inventors: Sean McKirdy, Newington, CT (US);
Robert Nutini, Suffield, CT (US)
(73) Assignee: Fitistics, LLC, Newington, CT (US)
( "') Notice: Subject to any disclaimer, the term ofthls
patent is extended or adjusted under 35
U.S.C. 154(b) by 0 days.
(21) Appl. No.: 11/998,766
(22) Filed:
(65)
Nov. 30, 2007
Prior Publication Data
US 2008/0153670 Al Jun. 26, 2008
Related U.S. Application Data
(60) Provisional application No. 60/872,203, filed on Dec.
1,2006.
(51) Int. Cl.
A63B 71100 (2006.01)
(52) U.S. Cl. . ............................................... 482/1; 482/8
(58) Field of Classification Search .................. 48211, 8,
(56)
48214-7,9; 600/520
See application file for complete search history.
References Cited
U.S. PATENT DOCUMENTS
6,013,007 A '"
6,902,513 Bl
7,070,539 B2
7,128,693 B2"
7,156,808 B2
7,166,064 B2
112000 Root et aI. . ....................... 48218
6/2005 McClure
7/2006 Brown et aI.
10/2006 Brown et aI. . .................... 48218
112007 Quy
112007 Watterson et aI.
200210045519 Al of< 4/2002 Watterson et aI. . ............. 482/54
202
I
Obtaining exercise
related data for
at least one user
Processing and/or analyzing
the exercise related data
to generate resultant data
\
206
US008118709B2
(10) Patent No.:
(45) Date of Patent:
US 8,118,709 B2
Feb. 21, 2012
4/2004 Brown et aI.
5/2004 Corbalis
8/2004 Quy
112005 Clark
212005 Raniere
212005 Ku
2004/0077462 Al
2004/0092367 Al
2004/0162466 Al
2005/0015281 Al
2005/0026123 Al
2005/0044210 Al
2005/0272561 Al '"
2006/0122474 Al
2006/0205566 Al
2006/0217231 AI'"
2006/0240947 AI"
2006/0252602 Al
2007/0032344 Al
2007/0161459 AI"
2008/0096726 AI"
2008/0108481 AI"
1212005 Cammerata ....................... 482/8
6/2006 Teller et ai.
9/2006 Watterson et aI.
9/2006 Parks et aI. . ...................... 482/3
1012006 Qu .................................... 482/1
1112006 Brown
212007 Guo
7/2007 Watson ............................. 48218
4/2008 Riley et al . ........................ 482/8
5/2008 Limma et at ...... ... ............ 482/8
FOREIGN PATENT DOCUMENTS
EP 1 510 175 Al
WO WO 2004/054660 Al
WO WO 2006/099617 A2
>I< cited by examiner
3/2005
7/2004
9/2006
Primary Examiner - .6Jlana Lewin
(74) Attorney, Agent, or Firm - Steven M. McHugh
(57) ABSTRACT
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, ~ e system includes
a data transfer device, configured to receive the biological
data from the interface device and communicate the biologi-
cal data to a processing device for processing. Additionally, a
method for processing biological information is provided,
wherein the method inCludes receiving biological informa-
tion from a monitoring device responsive to a first party and
responsive to an exercise regime and processing the biologi-
cal information to generate resultant information responsive
to at least one physical characteristic ofthe first party.
15 Claims, 8 Drawing Sheets
204
200
./
~
Transferring the
exercise related data
to the predetermined
website
Providing data to
personal
trainer/physician
(
208
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 25 of 44 Page ID #:25
u.s. Patent
N
o
.-
""'"
Feb. 21,2012
c
C
C
C
~
'"'"
.
l!>
~
~ I ~ I
N
.-
~ I
Sheet 1 of8
US 8,118,709 B2
/
.-
.--
to
CJ
C
[]
'\
c
0
""'" fi5",
to
II
r- -,
I I
I I
I I
I I
I I
I ~ I
1551
I I
L--\ _____ --.J
o
to
~
'"'"
C,!)
~
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 26 of 44 Page ID #:26
u.s. Patent Feb. 21, 2012 Sheet 2 of8 US 8,118,709 B2
102
-,
104 ..J
116
FIG. lB
104
102
116
FIG. Ie
102
106
102
116
FIG. lD
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 27 of 44 Page ID #:27
EXERCISE DATA
DIETARY
GUIDANCE
I
VIRTUAl RACE
PEER TO PEER
EVENTS
COMMUNICATION VIA
FORUMS/CHAT ROOM
I
FITNESS CLUB HEALTH CARE HEALTI-I RELATED
TRAINER INPUT PROVIDER ONUNE ADVERTISING
AND GUIDANCE INCENTIVE SPECIRe TO USERS NEEDS
I
®
WWW.FlTlSTICS.COM
WORK OUT ROUTINE
CONRGURING I
EXERCISE MACHINE
AUTOMATIC EMAILS TO
RANKINGS EXERCISE DATA
USERS REMINDING TI-lEM
REWARD SYSTEM
(LOCALLY & TRACKING ANALYSIS
NATIONALLY)
OF THEIR PROGRESS AND
VIA GRAPHS
BASED ON
TELLING THEM RACE RESULTS
PERFORMANCE
oUTPUTSffioM·· WWW.RTISTICS.COM
FIG. IE

rJ).

l-d
a

a.


N
r
N
Q
J-<
N
00-
=-


r.H
o
'"'"
QO
d
rJJ.
QIO

I-l
QIO

\C
co
N
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 28 of 44 Page ID #:28
202
204
Obtaining exercise
Transferring the
exercise related data
related data for
ta the predetermined
I-
at least one user
website
Processing and/or analyzing Providing data to
the exercise related data personal
to generate resultant data trainer/physician I
206 208
FIG. 2
110
FIG. 3
200
/
111
~
00

~
~
t-I-
~
a
~
?-
N
r
N
= I-l
N
en
="
~
~
o
....,
QO
d
00
QC)
';....
~
QC)
~
\0
= N
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 29 of 44 Page ID #:29
302
304
Obtaining exercise
Transferring the
exercise related data
related data for
to the predetermined
at least one user
website
Processing and/or analyzing Providing data to a
the exercise related data gaming environment I
to generate resultant data or console I
306 308
FIG. 4
(
'.
~ ~
110
I t 1
FIG. 5A
300
/
po I (;§;I I I
I
111
~
00

I"'d
~
~
n>
a
~
N
j-'
N
= ~
N
\I'.l
=-
~
~
....
U\
C>
......
QO
d
00
!j'J
~
~
!j'J
......
= \C
Cd
N
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 30 of 44 Page ID #:30
Personal data storage devices

Dota retrieved from
exercise equipment
Exercise data uploaded to game
t
Data drive
of Il
In game
characters
1
Physique Strength
a
a
Ie
a
J
Speed
T
Health Weight I I Stamina
FIG. 5B
-I
o
Video
game
Console/PC
of
tYPical game
character
screen
o::xx::x::tXX)
Accuracy
(shooting)
I
Agility

00



;-
a

?-
N
r
N
=
N
00
=-


Q\
C>
.....
QO

rJJ.
00
1-

00
':..:J
=
\C
Cd
N
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 31 of 44 Page ID #:31
402
404
Transferring the
Obtaining exercise
exercise related data
- related data for
to the predetermined
at least one user
website
Providing data to
Processing and/or analyzing
advertisers and/or
the exercise related data
using data to target
to generate resultant data
advertisements to users
406 408
FIG. 6
110
102 1
•• ~ •• ~ 1 1 4
111
FIG. 7
400
/
~
00

I"d
;.
a.
~
N
r
N
Q
~
N
00
=- t'\)
~
---l
CI
~
co
d
rJ.J.
QO
'"
I-l
I-l
00
~
~
Cd
~
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 32 of 44 Page ID #:32
502
504
Obtaining exercise
Transferring the
exercise related data
related data for
to the predetermined
at least one user
website
Processing and/or analyzing Providing data to
the exercise related data health care and/or
to generate resultant data insurance providers ,
I
506 508
FIG. 8
110
~ 102
~ . . ~ ~ .
FIG. 9
500
/
111
~
00

~
a
~
a
~
N
I-""
"
N
Q
I-""
N
00
=-
&
QO
o
......
QO
d
r:F1
QC)
~
~
QC)
~
\C>
c:;
~
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 33 of 44 Page ID #:33
US 8,118,709 B2
1 2
SYSTEM AND METHOD FOR PROCESSING
INFORMATION
CROSS-REFERENCE TO RELATED PATENT
APPLICATIONS
the fitness club. Still yet another undesirable characteristic
involves the lack of functionality of the existing systems and
its ease of use. For example, one such system employs a
computerized kiosk that requires the user of the exercise
The present application is related to and claims priority of
U.S. Provisional Patent Application Ser. No. 60/872,203,
entitled System and Method for Processing Information, filed
on Dec. 1, 2006 and is incorporated by reference herein in its
entirety.
5 equipment to manually input their work out data. Whereas
another such system employs the use of an key that
can only interact with a specific line of exercise equipment.
Thus, if the user were to use exercise equipment that was not
able to interface with the electronic key, the user would need
10 to input their exercise data manually using a computerized
kiosk.
FIELD OF THE INVENTION
This disclosure relates generally to the processing ofinfor-
mation and more particularly to a system and method for
obtaining, processing and implementing exercise related
information.
Unfortunately, all of the existing systems require the user
of the exercise equipmentto either use some unique device to
15 interface with a specific machine orto manually interact with
a stand-alone computer terminal where the data being entered
is prone to data entry errors andlor misuse.
BACKGROUND OF THE INVENTION 20
For many years, people have recognized the health benefits
of exercising on a regular basis. As a result, a whole industry
dedicated to physical fitness and exercise was created and has
grown into a multi-billion dollar a year industry. Areas of this 25
industry, which includes personal trainers, fitness clubs,
nutrition based products, exercise gear and fitness competi-
tions, tend to complement each other and work hand in hand
with each other to help individuals achieve an effective physi-
SUMMARY OF THE INVENTION
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 biologi-
cal data to a processing device for processing.
An interface device for facilitating communication ofbio-
logical data between a monitoring device and a data transfer
device is provided, wherein the interface device includes a
first communication port configured to communicate the
interface device with the monitoring device to allow the trans-
fer of data there between. Additionally, the interface device
includes a second communication port configured to commu-
nicate the interface device with the data transfer device to
allow the transfer of data there between. Furthermore, the
interface device includes a processing device in electrical
communication with the first communication port and the
second communication port, wherein the processing device is
configured to facilitate transfer of data between the first com-
munication port and the second communication port.
A method for processing biological information is pro-
vided, wherein the method includes receiving biological
cal fitness regimen. For example, a large number of fitness 30
clubs employ nutritionists and personal trainers that are
readily available to advise their fitness club members,
wherein the basic services that these personal trainers per-
form are primarily three fold. First, the trainers develop an
exercise regime tailored to individual clients and advise their 35
clients on how to safely and effectively exercise. Second, the
trainers track the exercise performance of the client over the
duration of the training period and analyze the client's exer-
cise performance data to identifY where the client is or is not
showing'improvements. The trainer ml1-Y then adjust the exer- 40
cise regime of the client to maximize the benefit to the client.
Third, the trainer provides motivation to their client, which
ultimately helps the client to maintain their exercise regime.
This not only aids the client in maintaining a healthy lifestyle,
but also helps the fitness club retain their membership. 45 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.
Unfortunately however, because personal trainers are
expensive to employ, most fitness clubs only have one or two
trainers on staff to assist hundreds of members and as such,
the on-staff trainers are typically not able to spend a signifi-
cant amount of time with each individual member. Accord- 50
ingly, in order for the member to obtain the full benefit of their
club membership, the member must hire the trainer outside of
their health club membership or they must analyze their per-
formance and adjust their exercise regime using other meth-
ods. While there are systems currently available that provide 55
some data tracking services and motivational tools for exer-
cise, these systems include several undesirable characteris-
tics. One such characteristic involves the availability and cost
of the system. For example, current systems are not readily
available to the majority of commercial gyms or to the indi- 60
vidual because they are expensive and require a high capital
investment. Another such characteristic involves the compat-
ibility between the existing systems and the exercise equip-
ment. For example, the ability of the existing systems to
connect to a typical workout machine is limited due to com- 65
munication and functional issues between the tracking sys-
tem and the exercise machine, as well as due to the layout of
BRIEF DESCRIPTION OF DRAWINGS
The foregoing and other features and advantages of the
present invention will be better understood from the follow-
ing detailed description of illustrative embodiments, taken in
conjunction with the accompanying drawings in which:
FIG. lA illustrates one embodiment of a system for pro-
cessing exercise information, in accordance with the present
invention
FIG. IB illustrates a side view of one embodiment of the
docking station in FIG. I, in accordance with the present
invention;
FIG. lC illustrates a rear view of one embodiment of a
docking station in FIG. 1.
FIG. ID illustrates a front view of one embodiment of a
docking station in FIG. 1, in accordance with the present
invention;
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 34 of 44 Page ID #:34
US 8,118,709 B2
3
FIG. 1E is a block diagram illustrating one embodiment of
the overall capability of the system of FIG. 1, in accordance
with the present invention;
FIG. IF illustrates a second embodiment of the present
invention, wherein the docking station is integrated with an 5
exercise device.
FIG. 2 is a block diagram illustrating a first embodiment of
the method of the present invention;
FIG. 3 is a block diagram illustrating the interaction of the
system of FIG. 1, in accordance with the method of FIG. 2; 10
FIG. 4 is a block diagram illustrating a second embodiment
of the method of the present invention;
4
nication with an exercise device (or monitoring device) 110
via a serial communication link 112 between the machine
interface port 104 and the exercise device 110. Accordingly,
when exercise data is generated by the user interacting with
the exercise device 110, the exercise data may be transferred
to the docking station 102 via the serial communication link
112. This exercise data may then be stored as discussed fur-
ther hereinafter, at least temporarily, in the docking station
storage device 108. It is contemplated that the docking station
storage device 108 may be any type of storage device suitable
to the desired end purpose, such as RAM and/or a flash
storage device that is disposed intemal and/or external to the
docking station 102.
Additionally, the user interface port 106 may be a USB port
FIG. 5A is a block diagram illustrating the interaction of
the system of FIG. 1, in accordance with the method of FIG.
4;
FIG. 5B is a functional block diagram illustrating the inter-
action of the system of FIG. 1, in accordance with the method
of FIG. 4;
15 to allow the user to easily transfer the exercise data stored by
the docking station storage device 108 to a portable USB flash
drive 114. It should be appreciated that although information
transfer is discussed hereinabove with regards to information
FIG: 6 is a block diagram illustrating a third embodiment of
the method of the present invention; 20
FIG. 7 is a block diagram illustrating the interaction of the
system of FIG. 1, in accordance with the method of FIG. 6;
FIG. 8 is a block diagram illustrating a fourth embodiment
of the method of the present invention; and
FIG. 9 is a block diagram illustrating the interaction of the 25
system of FIG. 1, in accordance with the method of FIG. 8.
DETAILED DESCRIPTION OF THE INVENTION
In accordance with the present invention, a system and 30
method for processing information is discussed herein as
being applied to exercise and/or health related information.
However, it should be appreciated that the present invention
may also be applied to other types of information as well,
including educational progress information, financial 35
progress information and any other type ofinformation suit-
able to the desired end purpose. As discussed in further detail
hereinafter, the present invention allows exercise information
to be accurately obtained., stored and processed by providing
an affordable data tracking system that offers universal con- 40
nectivity to common exercise machines that allow for data
generation and transfer, such as exercise machines that imple-
ment CSAFE data transfer protocols. The present invention
also enables the accurate and efficient transfer of exercise
information by allowing the user of the exercise machine to 45
use common storage devices, such as a USB flash drive
device, to capture their personal workout data which can then
being transferred from the exercise device 110 to the portable
USB flash drive 114 via the docking station 102, it is contem-
plated that information may also be transferred in the oppo-
site direction, i.e. from the USB flash drive 114 to the exercise
device 110 via the docking station 102. And as such, the USB
flash drive 114 may be used to program characteristics of the
exerCise device 110, such as functionality and display.
Accordingly, the present invention advantageously allows
information to be transferred between the docking station 102
and the exercise device 11 O. Furthermore, although the dock-
ing station 102 is disclosedherein as being connected with the
exercise device 110 via a wired serial communication link
112, it is contemplated that the docking station 102 may be
communicated with the exercise device 110 via any method
suitable to the desired end purpose, such as a wireless com-
munication link. Similarly, although the docking station 102
is disclosed herein as being connectable to the portable USB
flash drive 114 via user interface port 106, the docking station
102 may also be communicated with the portable USB flash
drive 114 via any method suitable to the desired end purpose,
such as a wireless communication link using any technology
suitable to the desired end purpose, including but not limited
to Bluetooth, RFID, Infrared, Microwave, RF and Cellular
technology. Additionally, at least one of the docking station
102 and the exercise device 110 may include software that
conforms to a desired communications protocol for transfer-
ring information, such as user biological data, exercise per-
formance data and/or exercise device data, between the exer-
cise device 110 and the docking station 102.
For example, in accordance with the present invention the
docking station 102 may include a processing device 109,
be uploaded to a database driven website using minimal user
interaction. Furthermore, the present invention allows for the
efficient processing and display of the data in a user-friendly
format (graphical or non-graphical), thus allowing a user or
personal trainer to track and compare the workout data with
the statistics of other users. Additionally, the present inven-
tion is also capable of offering virtual online competitions,
such as races or weight lifting, where a plurality of users can
submit their best performance data for a competition event,
making them eligible for rewards in the form of points, prizes,
50 such as a microprocessor or microcontroller, and appropriate
software/commands, such as embedded CSAFE commands,
working in conjunction with software/firmware and drivers
residing on the processing device that has the ability to com-
municate with a variety of exercise devices 110, such as, but
or coupons from website sponsors.
Referring to FIG. lA, one embodirnent ofa system 100 for
processing exercise information in accordance with the
present invention is illustrated. The system 100 includes an
interface device or docking station 102 having a machine
interface port 104 and a user interface port 1 06 communicated
with a docking station storage device 108, wherein the
machine interface port 104 is an shown as an RJ45 serial
communications port and the user interface port 106 is shown
as a USB port. The docking station 102 is in signal commu-
55 not limited to commercial/residential quality exercise and
cardio fitness machines; retrofit hardware devices used with
exercise equipment (including, but not limited to, road
bicycles, rowing machines, mountain bikes, 'spin class'
bikes); strength training equipment fitted with electrome-
60 chanical devices capable of translating the act of using free
weights and other strength machines into electronic data; and
existing fitness tracking hardware and/or software.
It should be appreciated that any and all co=unications
discussed hereinabove to the docking station 102 may be
65 made via any connection (and/or information transfer) device
and/or method suitable to the desired end purpose, such as via
wireless communications and/or serial RJ45IRS232 serial
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 35 of 44 Page ID #:35
US 8,118,709 B2
5 6
ports currently existing on CSAFE compatible machines. The other method/device) designed to erase workout files as the
system may also incorporate other communication protocols, files are uploaded to prevent the flash drive from storing old
including but not limited to USB port protocols, WI FI con- exercise data. This would help to maintain the integrity ofthe
nection protocols, radio frequency (i.e. RPID, etc), micro- exercise data by allowing the activity on the USB flash drive
wave, infrared., fiber optic, and/or Blue Tooth protocols. As 5 114 to be tracked. Additionally, the website may include a
such, any communications protocol suitable to the desired unique virtual online competition section that registered users
end purpose may beused to transfer exercise data between the can use to compete against each other. This competitive sec-
docking station 102 and the exercise device 110, such as via tion of the website may be specific to certain groups, such as
the CSAFE protocol. the type of machine (treadmill, stationary bike, spin bike,
Once the exercise data has been transferred to the docking 10 elliptical machine, cross trainer, rower, etc), age of person,
station device 102, the user may then transfer the stored size of person, physical attributes of person, sex of person,
exercise data from the docking station device 102 to the health status of person, etc. Moreover, the competitive section
portable,-temporary . storage device 114, i.e. the USB flash ,may include online competitive events, such as online racing
drive. This may be accomplished by inserting the USB flash events that the users may pre-register for, wherein top place
drive 114 into the user interface port 106, wherein once the 15 finishers in competitions may receive prizes and rewards.
USB flash drive 114 is inserted into the user interface port The website may also provide the services of health,
106, the exercise data may begin automatically (or manually) dietary and exercise professionals for consultations to further
transferring between the docking station device 102 and the help the usermeettheir fitness and health goals. Additionally,
USB flash drive 114. It is contemplated that, although the the website may provide motivation to the user to continue
invention is discussed herein in terms of transferring data 20 exercising through the use of data tracking, competition,
between devices via a direct hardware interface, wireless rewards, health care benefits, dietary information, and com-
communication interfaces may also be used as desired. It munity membership. Accordingly, the present invention
should be appreciated that the exercise data may be encrypted advantageously allows a user to capture exercise data, such as
using software encryptionalgorithm(s) to prevent a user from workout statistics, biological information, machine perf or-
fraudulently manipulating their exercise data. Additionally, 25 mance information, etc, from a plurality of exercise devices
bio-metric security devices (as well as other types of security 110 and store this data onto one convenient memory device
devices/methods, such as USB fingerprint flash drives) may for later processing and/or analysis. It should be appreciated
also be used to further enhance and protect the integrity of the that the present invention allows other information to be
exercise data and/or system functionality. This capability extracted as well, including but not limited to, machine make
allows for proof of exercise with a high level of integrity and 30 and model, machine performance information (measurement
confidence. accuracy, calibration, etc.) speed., time elapsed during work-
Once the user has completed their exercise regime, the user out, preset program used., date, calories burned., heart rate,
would transfer or upload their exercise data from the USB distance, elevation, body fat % of user, and age/weight of user.
flash drive 114 to a processing hub 111, such as a predeter- For example, one example of information that may be
mined website maintained and operated by an administrator .. 35 extracted and communicated to the website may include:
The predetermined website may then process and/or analyze Example: LifeFitness, 93 Ci, 5 mph, 34 minutes, Speed
the exercise data so that the exercise data can be viewed in a training, 10-16-06, 2500 cal, 120 bpm, 4 miles, ilia,
desired format, such as a graphical manner and/or a tabular 12%,45/185 lbs.
format. This upload may be accomplished by the user insert-Accordingly, the website may allow for the comparison of
ing the USB flash drive 114 containing the exercise data into 40 data across mUltiple different exercise devices 110 and may
the USB port on their computer (standard on most computers) show registered users which exercise devices 110 provide
and uploading the exercise data to the predetermined website. them with the best results. Furthermore, the website may
This upload may be manually implemented by the user or automatically email the registered user with updates on their
automatically implemented via software installed on the USB weekly, monthly, quarterly, and/or yearly progress. This feed-
flash drive 114 or via software installed on the user's com- 45 back may include results or status of race events that users
puter. Once the exercise data is uploaded to the predetermined have entered into as well as information on financial savings
website, the exercise data may also be processed and/or ana- on health products and services to which they have asked to be
lyzed in order to implement the method of the invention as kept aware. Additionally, the exercise data may be scanned to
discussed further hereinafter. determine if the user has any health issues that the user may be
It is contemplated that the website administrator would 50 unaware of and if so, may inform the user of such results. The
offer services to a user to enable the user to view their indi- website may post local and national rankings for users based
vidual performance trends, compare their statistics to other on a predetermined characteristic, such as may be determined
members and compete with other members via virtual com- by profile information of registered users in one club or in
petitions, such as biking, running, rowing, elliptical, and many different clubs. Thus, the website would show the users
other races where winners may be rewarded. For example, the 55 how they compare to other members of their fitness clubs as
user may connect the USB flash drive 114 contaiuing the well as members of other clubs using the system. This infor-
exercise data to a data transfer device or computing device mation may provide another motivational tool for the user to
109 having an internet connection. As discussed herein, an continue exercising. One example of such information being
executable program may be included on the computing displayed may include:
device 109 (or USB flash drive 114) which may automatically 60 Example: Leader boards for most calories burned, miles
cause all or some specific files from the USB flash drive 114 run, steps climbed., fastest mile, in a week, month, year,
to transfer to an online database associated with the website etc
hosted by the supervising body. Allor some of the data may Accordingly, in accordance with the present invention the
then be displayed to the user in a desired format, i.e. graphi- website may offer dietary advice and tools that allow users to
cal, tabular, etc. In one embodiment, it is contemplated that 65 input and track their daily, weekly and monthly diets and
the exercise data that is uploaded to the website maybe erased receive recommended diet plans to help them reach their
from the USB flash drive 114 using a software program (or personal fitness and health goals. Basic wellness information
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 36 of 44 Page ID #:36
US 8,118,709 B2
7 8
may also be provided by the website as well as an in depth in operational block 202. The exercise related data may then
welIness analysis of the users physical conditioning depend- be transferred to the predetermined website, as shown in
ing on the amount of dietary input the users contribute. Addi- operational block 204. The exercise related data may then be
tionally, the invention may provide the user with the latest processed andlor analyzed to generate resultant data, as
information on certain topics based upon predetermined cri- 5 shown in operational block 206. This resultant data may then
teria. For example, a heart patient may receive the latest be communicated to and used by a personal trainer andlor a
information on research andlor heart healthy exercises and physician to monitor andl or adjust the user's exercise perfor-
foods. Moreover, the invention may provide a forum section mance, health status andlor exercise regime, as shown in
that will enable people to discuss their personal opinions on operational block 208, as discussed further hereinafter. For
fitness equipment and industry trends, exercise techniques, 10 example, the system may actively (continuous or semi-con-
diet plans, etc. Additionally, a peer-to-peer meeting section tinuous monitoring) or passively (monitoring triggered by an
may be provided to allow people to find others in theirlocal or event or threshold level) record a user's parameter (such as
state area who share similar interests, such as physical fitness heart rate) through either embedded sensors on the exercise
and healthy life style. As such, the invention may create an device 11 0 itself or through the user wearing a wireless moni-
online community of users who share a common interest 15 tor (such as a heart rate strap). This data may then be trans-
(working toward a healthy lifestyle) and provide an excellent ferred andlor displayed over the duration (or limited desired
platform for those people to meet and form relationships with period) of the workout, allowing the user to share this infor-
one another. mation with their primary care physician, cardiologist or
Inaccordancewith the present invention, FIGS.1B, 1C and other health professional. This information may be used to
ID illustrate one embodiment of a docking station 100 and 20 help treat the user, such as in the diagnosing of condition
FIG. IE illustrates an overall capability of the invention. As andlor prescribing of medications for diseases (for example,
can be seen, docking station 100 may include a mounting hypertension, diabetes, irregular heart beat, COPD, etc.). This
portion 116 configure to securely associate with an exercise information may also be used to help the user andlor user's
device 110. personal trainer to better monitor their physical improve-
Referring to FIG. IF, a second embodiment of a system 600 25 ments, or lack of improvements over a desired period oftime.
for processing exercise information in accordance with the It should also be appreciated that operational block 202 and
present invention is illustrated and is shown as a completely operational block 204 may be accomplished as described in
wireless system 600, but may be a partially wireless system. greater detail hereinabove with regards to system 100. Alter-
In this embodiment, the docking station 602 is shown as being natively, it is contemplated that other methods andlor devices
integrated into the exercise device 610, but may be separate 30 for obtaining and transferring exercise related data to the
from the exercise device 610 as shown in embodiment 100. In predetermined website may also be used. Referring to FIG. 3,
this embodiment, the USB flash drive 614 may communicate a block diagram illustrating one embodiment of the intercon-
wirelessly with both the exercise device 610 via integrated nectivity between the user, the exercise device 110 and the
docking station 602 and the computing device 611 which may subject matter expert is shown.
furthercommunicatewiththewebsiteeitherwirelesslyorvia 35 In accordance with the present invention, this exercise
a hardwired connection. Additionally, other configurations related data and the resultant data may be used by a subject
are contemplated as well, such as a system that as a user matter expert (such as a personal trainer, physical therapist
approaches the machine, the USB flash drive 614 and the andlorphysician) to maximize the health benefit to the user as
exercise device 610 may automatically communicate and described hereinafter. Once the user has uploaded their exer-
perhaps cause the exercise machine 610 to automatically get 40 cise data from the USB flash drive 114 to the predetermined
ready or configure itself for a particular user or exercise website, the exercise data might be processed and may be
regime, which may be created by a user, a fitness or health displayed along with the resultant data to the user in a desired
care professional or other entity. If the user (or other entity) format, such as a graphical andlor a tabular format. The raw
wants to create or modify an exercise regime, the system exercise data and/or the resultant data inay also be commu-
would include software to allow this function to be imple- 45 nicated to a subject matter expert who can then use this data
mented. It is also contemplated that the exercise device 610 to spot any potential health problems, develop a suitable
may communicate directly with the computing device 611 via exercise regime andlor adjust an existing exercise regime to
wired or wireless connection, negating the need for use of the help maximize the progress ofthe user. For example, if after
USB flash drive 614. reviewing the exercise data and the resultant data the subject
In accordance with the present invention, as disclosed 50 matter expert wanted the exercise device 11 0 to have specific
herein the term exercise device is meant to include any type of settings that are tailored to the user, the modified settings may
device that generates, obtains andlor monitors biological be downloaded from the website onto the USB flash drive 114
information, such as a cardio-machine, an elliptical trainer, a for transfer to the exercise device 110 prior to the user work-
heart rate monitor, a blood pressure monitor, etc. Accord- ing out. Accordingly, an exercise regime may be tailored or
ingly, the present invention contemplates being used for any 55 adjusted by the subject matter expert by allowing the subject
type of exercise such as biking, running and swimming, that matter expert to modifY the settings of the exercise device 110
does not use stationary fitness equipment. Additionally, the responsive to the raw exercise data andlor resultant data.
present invention contemplates being used for any living For example, consider the case where a user uploads their
being, such as a pet that is under the care of a veterinarian. exercise data to the predetermined website from the USB
Furthermore, it is contemplated that some or all of the pro- 60 flash drive 114. When the exercise data is processed andlor
cessingmay be conducted by the computing device 109,611 analyzed and reviewed by the subject matter expert it is
andlor by the interface device 102 prior to being communi- noticed that the user is overstressing the heart muscle while
cated to the website for analysis or further processing. exercising on a particular exercise device 110, such as the
Referring to FIG. 2, a block diagram illustrating a first cardio device. The subject matter expert may then inform the
embodiment of a method 200 for processing exercise related 65 user via the website that they are overstressing their heart
information is shown, wherein the method 200 includes muscle during tins exercise. Additionally, the subject matter
obtaining exercise related data for at least one user, as shown expert may also receive notification from the website of any
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 37 of 44 Page ID #:37
US 8,118,709 B2
9 10
irregularities or anomalies in the user's data that may indicate computer or gaming device (Le. Playstation®, Gameboy®,
a health condition worth noting, such as an unknown irregular X-box®) and see their personal exercise affect the attributes
or abnormal heartrhythm or a user satisfying or not satisfying (physical and/or performance) of their video game character
certain criteria for their prescribed exercise regime. Tbis in the 'game world'. Accordingly, as the conditioning of the
would allow for a quicker, more immediate opportunity for a 5 user increases or decreases,. the conditioning of the video
doctorortrainerto address any potential problem. The subject game character would similarly increase or decrease. Tbis
matter expert may then advise the user to see their physician would also provide another motivating factor for the user to
and/or download desired settings for the cardio device to the continue exercising by giving the user a competitive advan-
user's USB flash drive 114 to adjust the users exercise rou- tage against other players or against computer controlled
tine. The User would then be instructed to transfer these new 10 opponents.
device settings to the exercise de\!i'"lleIiNOwia:,the:1:JSB-'flash::.:'··'.':'·:'. ReferfingtO FIG.' 6; a block' diagram illustrating a third'
drive 114 prior to eXercising on the cardio device. embodiment of a method 400 for processing exercise related
As an extension, the invention may enable a user to pre- information is shown, wherein the method 400 includes
load a complete or partial custom training program to the obtaining exercise related data for at least one user, as shown
USB flash drive 114 and program the specific exercise 15 in operational block 402. The exercise related data may then
devicestheyuseduringtheirexercisesession.Forexample,a be transferred to the predetermined website, as shown in
custom weekly/monthly fitness regimen may be pre-loaded .. operational block 404. The exercise related data may then be
onto the USB flash drive 114 and the user will follow that· processed and/or analyzed to generate resultant data, as
custom regimen on the corresponding machine types until the shown in operational block 406. This exercise related data
regime has been completed. This would advantageously 20 and resultant data may then be provided to advertisers and/or
allow a personal trainer to customize an entire or partial used to target specific advertisements to the user, as shown in
exercise regime and access the user's exercise data as desired operational block 408 and as discussed further hereinafter.
to monitor the user's progress and offer guidance. This exer- Referring to FIG. 7, a block diagram illustrating one embodi-
cise data can also be used to provide feedback to health club ment of the interconnectivity between the user, the exercise
facilities regarding which machines are the most popular and 25 device 110 and the gaming environment is shown.
which machines offer the best workout. In accordance with the present invention, the method 400
Referring to FIG. 4, a block diagram illustrating a second disclosed herein may allow for advertisements to be tailored
embodiment of a method 300 for processing exercise related to a registered user's personal profile information, workout
information is shown, wherein the method 300 includes regime or health conditions. For example, a 35 year old male
obtaining exercise related data for at least one user, as shown 30 in good physical condition may receive advertisements for
in operational block 302. The exercise related data may then golfing, running and waterskiing, while a 23 year old male in
be transferred to the predetermined website, as shown in good physical condition may receive advertisements for
operational block 304. The exercise related data may then be mountain bikes and rollerblades. Additionally, a 40 year old
processed and/or analyzed to generate resultant data, as male in moderate to poor physical condition may receive
shown in operational block 306. This exercise related data 35 advertisements for health related products targeted for his
and resultant data may then be introduced to a gaming envi- age, social class and/or education. Since the advertisements
ronment, such as a PC game or an online gaming provider, are geared towards the information in the user profile, this
where the physical attributes of the user can be carried over to provides an excellent opportunity for companies to target the
the virtual character in the game, as shown in operational advertisements of their goods and services to specific markets
block 308 and as discussed further hereinafter. Referring to 40 in various industries. Moreover, the website may provide a
FIGS. SA and 5B, block diagrams illustrating one embodi- section where certified personal trainers and otherprofession-
men! of the interconnectivity between the user, the exercise als can interact with users to discuss topics, answer questions
device 110 and the gaming environment are shown. and offer suggestions to users on how to safely and effectively
In accordance with the present invention, the obtained exercise and diet. Similarly, the website may also provide a
exercise related data and/or resultant data may be used to 45 section where certified personal trainers and otherprofession-
augment or individualize a character in a gaming environ- als can interact with other trainers/professionals to discuss
ment involving the user as described hereinafter. In this case, topics, answer questions or get advice.
the website may provide the user (or interact with a separate Referring to FIG. 8, a block diagram illustrating a fourth
entity to provide the user) with a gaming environment and embodiment of a method 500 for processing exercise related
modelthecharacteristicsofplayerinthegamingenvironment 50 information is shown, wherein the method 500 includes
using the raw exercise related data and/or resultant data For obtaining exercise related data for at least one user, as shown
example, a virtual character within the game may have the in operational block 502. The exercise related data may then
same physical limitations or strengths as the user, such as be transferred to the predetermined website, as shown in
height, weight, athletic ability and health problems. Simi- operational block 504. The exercise related data may then be
larly, the gaming environment itself may also be modeled in 55 processed and/or analyzed to generate resultant data, as
response to the raw exercise related data and/or resultant data. shown in operational block 506. This resultant data may then
For example, if the user is not proficient at running, the be used by an insurance provider to monitor the exercise
gaming environment may include a lot of running. It is con- habits, exercise perfonnance, health status and/or exercise
templated that this feature may also be ported over to personal regime of a user insured by or applying for insurance by the
gaming devices or virtual competitions sponsored by the 60 insurance provider, as shown in operational block 508 and as
website. discussed further hereinafter. Referring to FIG. 9, a block
Accordingly, a video game such as a role playing game, diagram illustrating one embodiment of the interconnectivity
sports game, fighting game, shooter/action game, etc, may between the user, the exercise device 110 and the insurance
use the raw exercise data and/or resultant data to drive the provider is shown.
attributes of a character andlor environment created inside a 65 In accordance with the present invention, it is contemplated
'game world' (i.e. cyberspace). For example, in one embodi- that the system of the present invention may make selected
ment a user may connect to the gaming en.vironment via a infonnation about a user available to the user's health care
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 38 of 44 Page ID #:38
US 8,118,709 B2
11 12
and/or insurance provider as proof to the insurer that the user CSAFE compatible. Furthennore, although this invention is
is mdeed .. .. , ,,' ,q.esc;rii:l¢ herein as ):he, CSAFE prO,tocol.commands to
of the user. Accordingly, this system may be used by the capture pertinent workout data and 1ransfer that data to the
health care and insurance industry, (for example health insur- USB flash drive, any protocol command structure suitable to
ance providers) as a replacement for the honor system when 5 the desired end purpose may be used.
tracking the exercise history of individuals. This may allow While the invention has been descn'bed with reference to
insurers the ability to verifY that the insured is actually exer- an exemplary embodiment, it will be understood by those
cising on a consistent basis and that the insured is actua1Jy skilled in the art that various changes may be made and
following a prescribed exercise regimen. Furthennore, this equivalents may be substituted for elements thereof without
system may also provide proof that the insured is maintaining 10 departing from the scope of the invention. In addition, many
a health club membership, showing the frequency and level of modifications may be made to adapt a particular situation or
effort the insured is demonstrating. The insurer may then use material to the teachings of the invention without departing
this infonnationas a basis (at least partially) for assessing the from the scope thereof. Therefore, it is intended that the
insurance risk level and thus detenniningthepremiumsofthe invention not be limited to the particular embodiment dis-
insured. For example, some companies and health care pro- 15 closed as the best mode contemplated for carrying out this
viders have implemented health incentive plans that are honor invention, but that the invention will include all embodiments
driven and that require employees to manually enter exercise falling within the scope of the appended claims. Moreover,
data: into'a database. These providers may offer cash incen- unless specificaIJy stated any use of the tenns first, second,
tives in the fonn of monetary contributions deposited into the etc. do not denote any order or importance, but rather the
employees health/flexible spending accounts. The present 20 tenns first, second, etc. are used to distinguish one element
invention can be used to help prevent fraud by providing a from another. An apparatus and method for processing exer-
system and method which results in user and exercise data cise information is provided, wherein the method includes
having a high degree of confidence and integrity. obtaining exercise information, processing exercise informa-
As described above, the methods and embodiments tion responsive to predetennined goals to generate resultant
described hereinabove and in the several figures may be 25 infonnation and displaying the resultant infonnation.
embodied in the fonn of computer-implemented processes
and apparatuses for practicing those processes. The methods
and embodiments described hereinabove and in the several
figures may also be embodied in the fonn of computer pro-
gram code containing instructions embodied in tangible 30
media, such as floppy diskettes, CD-ROMs, hard drives, or
any other computer-readable storage medium, wherein, when
the computer program code is loaded into and executed by a
computer, the computer becomes an apparatus for practicing
the invention. Existing systems having reprogrammable stor- 35
age (e.g., flash memory) may be updated to implement the
invention. The methods and embodiments described herein-
above and in the several figures may also be embodied in the
form of computer program code, for example, whether stored
in a storage medium, loaded into and/or executed by a com- 40
puter, or transmitted over some transmission medium, such as
over electrical wiring or cabling, through fiber optics, or via
electromagnetic radiation, wherein, when the computer pro-
gram code is loaded into and executed by a computer, the
computer becomes an apparatus for practicing the invention. 45
When implemented on a general-purpose microprocessor, the
computer program code segments may configure the micro-
processor to create specific logic circuits. It should be further
appreciated that the methods and embodiments described
hereinabove may also be practiced, in whole orin part, via any 50
device suitable to the desired end purpose, such as a com-
puter, iPod, MP3 Player, a PDA, a Pocket PC and/or a CelJ
phone with connection capability.
It should be appreciated that although the device used to
retrieve exercise infonnation is discussed herein as a portable 55
USB flash drive 114, the device used to retrieve exercise
infonnation may be any device suitable to the desired end
purpose, such as MP3 player type devices, iPods, USB flash
drives, Blackberrys, Pocket PCs, cell phones and any other
type of device capable of storing data. It should also be 60
appreciated that the device used to retrieve exercise infonna-
tion may further include wireless capabilities so that the user
may access the website and upload exercise information via
the wireless device. Moreover, the docking station 102 may
include embedded software, fumware, and other drivers that 65
have the ability to communicate with any compatible exercise
fitness machine, such as a cardio fitness machine that is
What is claimed is:
1. A system for processing biological perfonnance data
received from an exercise machine, wherein the biological
performance data is explicitly requested from the exercise
machine and is responsive to a living subject operating the
exercise machine in response to a physical workout regime,
the system comprising:
a docking station in signal communication with the exer-
cise device, wherein the docking station is configured to,
obtain machine data and workout data from the exercise
device, wherein said workout data is responsive to the
physical workout regime, and
generate encrypted exercise data by combining said
machine data and said workout data and encrypting
said encrypted exercise data, and
a data transfer device configured to receive said encrypted
exercise data from said docking station and communi-
cate said encrypted exercise data to a processing device
for processmg,
wherein the docking station is configured to request said
machine data and said workout data on a periodic
basis during the physical workout regime and wherein
if previous exercise data exists, the docking station is
configured to generate said exercise data by append-
ing said previous exercise data with said machine data
and said workout data.
2. The system of claim 1, wherein the exercise device is
configured to receive instructive data from said docking sta-
tion and operate responsive to said instructive data.
3. The system of claim 1, wherein said docking station is
further communicated with said data transfer device to aIlow
the transfer of information between said data transfer device
and the exercise device.
4. The system of claim 3, wherein said docking station is
communicated with said data transfer device via at least one
of a hardwired connection, a wireless connection and a por-
table data transfer device.
S. The system of claim 4, wherein said portable data trans-
fer device is at least one of a Universal Serial Bus (USB) flash
drive, an MP3 player device, an iPod®, a Blackberry®, a
Pocket PC, a personal computer and a cell phone.
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 39 of 44 Page ID #:39
US 8,118,709 B2
13 14
6. The system of claim 1, wherein said docking station is at wherein said processing device is configured to request
least one of a device;;md!l Jhatisat leas.tsaid machine data,and sl!id,workout data on,aperiodic
partially the exercise device. said physical workout and wherein
7. The system of claim 1, wherein the exercise device is if previous exercise data exists, said processing device is
configured to monitor at least one physical characteristic of 5 configured to generate said exercise data by appending
said previous exercise data with said machine data and
the living subject said workout data.
8. The system of claim 1, wherein said docking station is 10. The docking station of claim 9, further comprising a
configured to request machine data responsive to at least one data storage device communicated with at leaSt one of said
of a software code located on said docking station and a 10 first communication port, said second communication port
software code located on said data transfer device. and said processing device to receive and store data being
9. A docking station for facilitating communication ofbio- communicated between said first communication port and
logical data between an exercise device and a data transfer said second communication port
device, the docking station comprising: 11. The docking station of claim 9, wherein said first com-
a first communication port configured-to'communicate the"'i5" muIilcatlon port is'coilfiguieif to' cOlnmunicitie with the exer-
docking station with the exercise device to allow the cise device via at least one of a wireless connection and a
transfer of data therebetween; hardwired connection.
a second communication port configured to communicated 12. The docking station of claim 9, wherein said second
the docking station with the data transfer device to allow communication port is configured to communicate with said
the transfer of data there between; and 20 data transfer device via at least one of a hard wired connection
a processing device in electrical communication with and a portable data transfer device.
first communication port and said second commuruca- 13. The docking station of claim 12, wherein said portable
tion port, wherein said processing device is configured data transfer device is at least one of a Universal Serial Bus
to (USB) flash drive, an MP3 player device, aniPod®, a Black-
request machine data and workout data from the exercise 25 berry®, a Pocket PC and a cell phone.
device, wherein said workout data is responsive to the 14. The docking station of claim 9, wherein said second
operation of the exercise device during a physical communication port is configured to communicate with said
workout regime, data transfer device via a wireless connection.
generate exercise data by combining said machine data 15. The docking station of claim 9, wherein said docking
and said workout data and encrypting said combined 30 station is configured to request machine data responsive to at
machine data and workout data, and least one of a software code located on said docking station
communicate said exercise data to the data transfer and a software code located on said data transfer device.
device for communication to an external processing
device, >I< >I< >I< >I< >I<
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 40 of 44 Page ID #:40
Name & Address:
Timothy L. Joens, Esq. - State Bar No. 90532
2201 Dupont Drive, Suite 820
Irvine, CA 92612
Tel: (949) 851-0866 Fax: (949) 851-1250
Email: tljsaj7@aol.com
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
FITISTICS, LLC, a Connecticut corporation, I CASE NUMBER
PLAINTIFF(S) I SACV12 - 01774 JVS (ANx)
v.
UNISEN, INC.; FORD-ABC 864736; CORE
INDUSTRIES, INC.; and, STAR TRAC HEATH &
FITNESS,
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
SUMMONS
Within 21 days after service ofthis summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached ri complaint 0 amended complaint
o counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the plaintiff's attorney, Timothy L. Joens, Esq. , whose address is
2201 Dupont Drive, Suite 820, Irvine, CA 92612 . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
OCT 1 2 2012!
Dated:
----------------------
Clerk, U.S. District Court

By:
Deputy Clerk
(Seal of the Court)
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)].
CV-01A (10111 SUMMONS
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 41 of 44 Page ID #:41
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge James V. Selna and the assigned
discovery Magistrate Judge is Arthur Nakazato.
The case number on all documents filed with the Court should read as follows:
SACV12- 1774 JVS (ANx)
Pursuant to General Order 05-07 of the United States District Court for the Central
District of California, the Magistrate Judge has been designated to hear discovery related
motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
U Western Division
312 N. Spring St., Rm. G-8
Los Angeles, CA 90012
U Southern Division
411 West Fourth St., Rm. 1-053
Santa Ana, CA 92701-4516
Failure to file at the proper location will result in your documents being returned to you.
U Eastern Division
3470 Twelfth St., Rm. 134
Riverside, CA 92501
CV-18 (03/06) NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 42 of 44 Page ID #:42
UNITED STATES __ dTRICT COURT, CENTRAL DISTRICT Ot
CIVIL COVER SHEET
I (a) PLAINTIFFS (Check box if you are representing yourself 0)
FITISTICS, LLC, a Connecticut corporation
DEFENDANTS
UNISEN, INC.; FORD-ABC 864736; CORE INDUSTRIES, INC.; and STAR
TRAC HEALTH & FITNESS
(b) Attorneys (Finn Name, Address and Telephone Number. If you are representing
yourself, provide same.)
Attorneys (If Known)
Unknown
Timothy L. Joens, Esq., LAW OFFICE OF TIMOTHY L. JOENS, A
Professional Corporation, 2201 Dupont Drive, Suite 820, Irvine, CA 92612, Tel:
(949) 851-0866
II. BASIS OF JURISDICTION (Place an X in one box only.)
o I U.S. Government Plaintiff "3 Federal Question (U.S.
Government Not a Party)
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant.)
PTF DEF
Citizen of This State 01 01 Incorporated or Principal Place
of Business in this State
PTF
r;lF
04
02 U.S. Government Defendant r!l4 Diversity (Indicate Citizenship Citizen of Another State 02 02 Incorporated and Principal Place ri5 05
of Parties in Item Ill)
IV. ORIGIN (Place an X in one box only.)
r!l1 Original
Proceeding
o 2 Removed from 0 3 Remanded from
State Court Appellate Court
of Business in Another State
Citizen or Subject of a Foreign Country 03 03 Foreign Nation
04 Reinstated or 05 Transferred from another district (specify): 06 Multi-
Reopened District
Litigation
06 06
07 Appeal to District
Judge from
Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: "Yes 0 No (Check 'Yes' only if demanded in complaint.)
CLASS ACTION under F.R.C.P. 23: 0 Yes riNo M'MONEY DEMANDED IN COMPLAINT: $ 1,085,000.00
VI. CAUSE OF ACTION (Cite the U.S. Civi l Statute under which you are fil ing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity,)
35 USC section 271 , et seq. - Patent infringement; 15 USC section 1125, et seq. - Trademark infringement; and, 17 USC section SOl, et seq. - copyright infringement
VII. NATURE OF SUIT (Place an X in one box only.)
, " OTHER STA.TlrrnS
'.
0400
0410
0430
0450
0460
0470
0480
0490
0810
0850
0875
0890
0891
0892
0893
0894
0895
0900
0950
State Reapportionment
Antitrust
Banks and Banking
CommercefICC
Rates/etc.
Deportation
Racketeer Influenced
and Corrupt
Organizations
Consumer Credit
Cable/Sat TV
0110
0120
0130
0140
0150
0 151
0152
Insurance
Marine
Miller Act
Negotiable Instrument
Recovery of
Overpayment &
Enforcement of
Judgment
Medicare Act
Selective Service
Securities/Commodities/ 0 153
Exchange
Recovery of Defaulted
Student Loan (Excl.
Veterans)
Recovery of
Overpayment of
Customer Challenge 12
USC 3410
Other Statutory Actions
Agricultural Act
Economic Stabilization
Act
Environmental Matters
Energy Allocation Act
Freedom oflnfo. Act
Appeal of Fee Detenni-
nation Under Equal
Access to Justice
Constitutionality of
State Statutes
0 160
0190
0195
Veteran's Benefits
Stockholders' Suits
Other Contract
Product
Liability
o 196 Franchise
;' PROPERTY
o 210 Lijrtd Condemnation
o 220 F'orec1osure
o 230 i Lease & Ejectment
0240 "T1ds to Land '
0245 Tort Product Liability
0290 All 'Other Real Property
FOR OFFICE USE ONLY: Case Number:
' TORTS '
PERSONAL'iN:J1JRy
.·· -' ;:; jQRl;s':":: ":::-', LABOR "
o 310 Airplane
o 315 Airplane Product
Liability
o 320 Assault, Libel &
Slander
0330
0340
0345
0350
0355
0360
0362
0365
0368
Fed. Employers'
Liability
Marine
Marine Product
Liability
Motor Vehicle
Motor Vehicle
Product Liability
Other Personal
Injury
Personal Injury-
Med Malpractice
Personal lnjury-
Product Liability
Asbestos Personal
Injury Product
Liability
IMMIGRATION
o 462 Naturalization
Application
o 463 Habeas Corpus-
Alien Detainee
o 465 Other Immigration
Actions
PERSONAL
PROPERTY
0370 Other Fraud
0371 Truth in Lending
. , ., PEJITIONS · :· 0710
0510 Motions to
Fair Labor Standards
Act
o 380 Other Personal 0 530
Vacate Sentence
Habeas Corpus
General
Death Penalty
Mandamus/
Other
Property Damage 0 535
0385 Property Damage 0540
Product Liability
BANKRUPTCY i o 550 Civil Rights
0555 Prison Condition
FORFEITURE /
,: PENAJ,.,TY
0610 Agriculture
0620 Other Food &
Drug
o 422 Appeal 28 USC
158
0423 Withdrawal 28
USC 157
··c"IVIL"-RIGH'tS·- _.
0441 Voting
0442 Employment
0443 Housing/Acco-
mmodations
0444 Welfare
0445 American with
0446
Disabilities -
Employment
American with
Disabilities -
Other
0440 Other Civil
Rights
0625 Drug Related
Seizure of
Property 21 USC
881
0630
0640
0650
0660
0690
Liquor Laws
R,R. & Truck
Airline Regs
Occupational
Safety IHealth
Other
0720
0730
0740
0790
Labor/Mgmt.
Relations
Labor/Mgmt.
Reporting &
Disclosure Act
Railway Labor Act
Other Labor
Litigation
0791 Empl. Ret. Inc.
Security Act
PROPERTY RiGiUS
0)20 Copyrights
Patent
o 840 Trademark
, SOCIALSECUruTY
0861 HIA(1395ff)
0862 Black Lung (923)
o 863 D1WC/DlWW
(405(g))
o 864 SSID Title XVI
0865 RSI (405(g))
FEDERAL TAX SUITS
0870 Taxes (U.S. Plaintiff
or Defendant)
0871 IRS-Third Party 26
USC 7609
AFTER COMPLETING THE INFORMATION REQUESTED BELOW.
CV -7 1 (05/08) CIVIL COVER SHEET Page' l of2
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 43 of 44 Page ID #:43
UNITED STATES DISTRIct COURT, CENTRAL DISTRICT OF CALIFORNIA
CIVIL COVER SHEET
VIIJ(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? liNo DYes
If yes, list case number(s): _________________________________________________ _
VIIJ(b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case? IiNo DYes
If yes, list case number(s): _________________________________________________ _
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) D A. Arise from the same or closely related transactions, happenings, or events; or
D B. Call for determination of the same or substantially related or similar questions of!aw and fact; or
DC. For other reasons would entail substantial duplication of!abor if heard by different judges; or
D D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
IX. VENUE: (When completing the following information, use an additional sheet if necessary.)
(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides.
D Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).
County in this District: * California County outside of this District; State, if other than California; or Foreign Country
Connecticut
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides.
D Check here ifthe government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
CORE INDUSTRIES, INC. - Orange County; UNISEN, INC. - Orange
County; STAR TRAC HEALTH & FI1NESS - Orange County; and,
FORD-ABC 864736 - Orange County
(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose.
Note' In land condemnation cases use the location of the tract of land involved ,
County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Each claim herein arose in Orange County, California
* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties
Note: In land condemnation cases use the location of the tract of! .
X. SIGNATURE OF ATIORNEY (OR PRO PER): -----r---::::>""...::::---\------- Date October 12, 2012
Notice to CounsellParties: The CV-71 (JS-44) Civil Cov r eet and the inform ion contained herein neither replace nor supplement the filing and service of pleadings
or other papers as required by law. This form, approved by t Judicial Conferenc fthe United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 ssm
865 RSI
CV -71 (05108)
.. ting the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended.
Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the
program. (42 U.S.C. 1935FF(b»
All claims for "Black Lung" benefits under Title 4, Part B, ofthe Federal Coal Mine Health and Safety Act of 1969.
(30 U.S.C. 923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as
amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g»
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security
Act, as amended. (42 U.S.C. 405(g»
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security
Act, as amended.
All claims for retirement ( old age) and survivors benefits under Title 2 of the Social Security Act, as amended. (42
U.S.C. (g»
CIVIL COVER SHEET Page 2 of2
Case 8:12-cv-01774-JVS-AN Document 1 Filed 10/12/12 Page 44 of 44 Page ID #:44

Sign up to vote on this title
UsefulNot useful