ICON Health & Fitness, Inc. v. Peloton Interactive, Inc.
Plaintiff: ICON Health & Fitness, Inc.
Defendant: Peloton Interactive, Inc.
Case Number: 1:2020cv01386
Filed: October 15, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 22, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2020 Filing 72 REDACTED VERSION of #56 Letter by Peloton Interactive, Inc.. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(Moshos, Andrew)
December 11, 2020 Filing 71 REDACTED VERSION of #55 Letter by ICON Health & Fitness, Inc.. (Attachments: #1 Text of Proposed Order)(Haynes, Christine)
December 8, 2020 Filing 70 REDACTED VERSION of #52 Answering Brief in Opposition by ICON Health & Fitness, Inc.. (Haynes, Christine)
December 8, 2020 Filing 69 REQUEST for Oral Argument by Peloton Interactive, Inc. re #36 Partial Motion to Dismiss. (Moshos, Andrew)
December 8, 2020 Opinion or Order SO ORDERED, re #60 STIPULATION and Proposed Order to extend time to file redacted documents. Signed by Judge Richard G. Andrews on 12/8/2020. (nms)
December 7, 2020 Filing 68 REDACTED VERSION of #50 Exhibits, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 10-25, #2 Exhibits 26-30, #3 Exhibits 31-36, #4 Exhibits 37-40)(Moshos, Andrew) Modified on 12/8/2020 (nms).
December 7, 2020 Filing 67 REDACTED VERSION of #49 Declaration by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-9)(Moshos, Andrew)
December 7, 2020 Filing 66 REDACTED VERSION of #48 Exhibits, by Peloton Interactive, Inc.. (Attachments: #1 Attachment 32-39, #2 Attachment 40-49, #3 Attachment 50-60)(Moshos, Andrew) Modified on 12/8/2020 (nms).
December 7, 2020 Filing 65 REDACTED VERSION of #47 Declaration, by Peloton Interactive, Inc.. (Attachments: #1 Attachment 1-13, #2 Attachment 14-27, #3 Attachment 28 - 30 part 1, #4 Attachment 30 part 2 - 31)(Moshos, Andrew)
December 7, 2020 Filing 64 REDACTED VERSION of #46 Declaration by Peloton Interactive, Inc.. (Moshos, Andrew)
December 7, 2020 Filing 63 REDACTED VERSION of #45 Declaration by Peloton Interactive, Inc.. (Moshos, Andrew)
December 7, 2020 Filing 62 REDACTED VERSION of #44 Declaration by Peloton Interactive, Inc.. (Moshos, Andrew)
December 7, 2020 Filing 61 REDACTED VERSION of #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Moshos, Andrew)
December 7, 2020 Filing 60 STIPULATION and Proposed Order - filed by ICON Health & Fitness, Inc.. (Haynes, Christine) Modified on 12/8/2020 (nms).
December 7, 2020 Filing 59 [SEALED] REPLY BRIEF re #36 Partial Motion to Dismiss filed by Peloton Interactive, Inc.. (Flynn, Michael)
December 7, 2020 Opinion or Order SO ORDERED, re #58 STIPULATION TO EXTEND TIME to file redacted public versions of various documents to December 7, 2020. Signed by Judge Richard G. Andrews on 12/7/2020. (nms)
December 4, 2020 Filing 58 STIPULATION TO EXTEND TIME for the Defendant to file redacted public versions of various documents to December 7, 2020 - filed by Peloton Interactive, Inc.. (Moshos, Andrew)
December 3, 2020 Opinion or Order Filing 57 ORDER: ICON Health & Fitness, Inc.'s Motion to Compel (D.I. #55 ) is DENIED. Signed by Judge Richard G. Andrews on 12/3/2020. (nms)
December 3, 2020 Filing 56 [SEALED] Letter to The Honorable Richard G. Andrews from Michael Flynn regarding Discovery Dispute. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Flynn, Michael)
December 2, 2020 Filing 55 [SEALED] Letter to The Honorable Richard G. Andrews from Frederick L. Cottrell, III regarding Discovery Dispute. (Attachments: #1 Text of Proposed Order)(Cottrell, Frederick)
December 2, 2020 Opinion or Order SO ORDERED, re #54 MOTION for Pro Hac Vice Appearance of Attorney Alexis K. Juergens, filed by ICON Health & Fitness, Inc.. Signed by Judge Richard G. Andrews on 12/2/2020. (nms)
December 2, 2020 Pro Hac Vice Attorney Alexis Juergens for ICON Health & Fitness, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal)
December 1, 2020 Filing 54 MOTION for Pro Hac Vice Appearance of Attorney Alexis K. Juergens - filed by ICON Health & Fitness, Inc.. (Haynes, Christine)
December 1, 2020 Filing 53 STIPULATION TO EXTEND TIME for Defendant Peloton Interactive, Inc. to file redacted public versions of various documents to December 4, 2020 - filed by Peloton Interactive, Inc.. (Moshos, Andrew)
December 1, 2020 Opinion or Order SO ORDERED, re #53 STIPULATION and Proposed Order to Extend Time to file redacted public versions of various documents to December 4, 2020. Signed by Judge Richard G. Andrews on 12/1/2020. (nms)
November 30, 2020 Filing 52 [SEALED] ANSWERING BRIEF in Opposition re #36 Partial Motion to Dismiss filed by ICON Health & Fitness, Inc..Reply Brief due date per Local Rules is 12/7/2020. (Cottrell, Frederick)
November 25, 2020 Filing 51 MOTION for Pro Hac Vice Appearance of Attorney Linjun Xu and Sourabh Mishra - filed by Peloton Interactive, Inc.. (Flynn, Michael)
November 25, 2020 CORRECTING ENTRY: The pdf for D.I. 43 has been replaced per counsel's request as has the pdf for Exhibits 41-49 found at D.I. 48. (nms)
November 25, 2020 Opinion or Order SO ORDERED, re #51 MOTION for Pro Hac Vice Appearance of Attorney Linjun Xu and Sourabh Mishra, filed by Peloton Interactive, Inc.. Signed by Judge Richard G. Andrews on 11/25/2020. (nms)
November 25, 2020 CORRECTING ENTRY: The pdf for D.I. 46 has been replaced per counsel's request. (nms)
November 24, 2020 Filing 50 [SEALED] EXHIBITS 10-40 to #49 Declaration of Steven N. Feldman, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 10-25, #2 Exhibits 26-30, #3 Exhibits 31-35, #4 Exhibit 36, #5 Exhibits 37-40)(Flynn, Michael) Modified on 11/25/2020 (nms).
November 24, 2020 Filing 49 [SEALED] DECLARATION of Steven N. Feldman re #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 1-9)(Flynn, Michael) Modified on 11/25/2020 (nms).
November 24, 2020 Filing 48 [SEALED] EXHIBITS to #47 Declaration of James E. Malackowski, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 32-38, #2 Exhibit 39, #3 Exhibits 40, #4 Exhibits 41-49, #5 Exhibits 50-60)(Flynn, Michael) Modified on 11/25/2020 (nms). (Attachment 4 replaced on 11/25/2020) (nms).
November 24, 2020 Filing 47 [SEALED] DECLARATION of James E. Malackowski re #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 1-13, #2 Exhibits 14-27, #3 Exhibits 28-30 part 1, #4 Exhibit 30 part 2 - 31)(Flynn, Michael) Modified on 11/25/2020 (nms).
November 24, 2020 Filing 46 [SEALED] DECLARATION of Thomas Cortese re #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Flynn, Michael) Modified on 11/25/2020 (nms). (Main Document 46 replaced on 11/25/2020) (nms).
November 24, 2020 Filing 45 [SEALED] DECLARATION of Marissa Vivori re #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Flynn, Michael) Modified on 11/25/2020 (nms).
November 24, 2020 Filing 44 [SEALED] DECLARATION of Dr. Kevin C. Almeroth re #43 Answering Brief in Opposition, by Peloton Interactive, Inc.. (Flynn, Michael) Modified on 11/25/2020 (nms).
November 24, 2020 Filing 43 [SEALED] ANSWERING BRIEF in Opposition re #7 MOTION for Preliminary Injunction filed by Peloton Interactive, Inc..Reply Brief due date per Local Rules is 12/1/2020. (Flynn, Michael) (Main Document 43 replaced on 11/25/2020) (nms).
November 23, 2020 Filing 42 REDACTED VERSION of #38 Declaration by Peloton Interactive, Inc.. (Attachments: #1 Exhibit 1-2)(Moshos, Andrew)
November 23, 2020 Filing 41 REDACTED VERSION of #37 Opening Brief in Support by Peloton Interactive, Inc.. (Moshos, Andrew)
November 23, 2020 Opinion or Order SO ORDERED, re #40 STIPULATION and Proposed Order to Extend Time to file redacted documents. Signed by Judge Richard G. Andrews on 11/23/2020. (nms)
November 20, 2020 Filing 40 STIPULATION and Proposed Order to Extend Time - filed by Peloton Interactive, Inc.. (Moshos, Andrew) Modified on 11/23/2020 (nms).
November 13, 2020 Filing 39 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Peloton Interactive, Inc.. (Moshos, Andrew)
November 13, 2020 Filing 38 [SEALED] DECLARATION of Steven N. Feldman re #36 Partial Motion to Dismiss, by Peloton Interactive, Inc.. (Attachments: #1 Exhibits 1-2)(Moshos, Andrew) Modified on 11/13/2020 (nms).
November 13, 2020 Filing 37 [SEALED] OPENING BRIEF in Support re #36 Partial Motion to Dismiss filed by Peloton Inter,active, Inc.. Answering Brief/Response due date per Local Rules is 11/27/2020. (Moshos, Andrew) Modified on 11/13/2020 (nms).
November 13, 2020 Filing 36 Partial Motion to Dismiss - filed by Peloton Interactive, Inc.. (Moshos, Andrew) Modified on 11/13/2020 (nms).
November 4, 2020 Filing 35 Supplemental Declaration re #7 MOTION for Preliminary Injunction, by ICON Health & Fitness, Inc.. (Attachments: #1 Exhibit E, #2 Exhibit F)(Haynes, Christine) Modified on 11/5/2020 (nms).
November 2, 2020 Filing 34 NOTICE OF SERVICE of 1) Objections and Responses to First Set of Interrogatories and 2) Objections and Responses to First Set of Requests for Production filed by ICON Health & Fitness, Inc..(Haynes, Christine)
November 2, 2020 Opinion or Order Filing 33 SO ORDERED Granting #32 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 11/2/2020. (nms)
November 2, 2020 Filing 32 PROPOSED Stipulated Protective Order, by ICON Health & Fitness, Inc.. (Haynes, Christine) Modified on 11/2/2020 (nms).
October 29, 2020 Filing 31 NOTICE to Take Deposition of William C. Easttom II on November 18, 2020 filed by Peloton Interactive, Inc..(Flynn, Michael)
October 29, 2020 Filing 30 NOTICE to Take Deposition of Clarke Nelson on November 13, 2020 filed by Peloton Interactive, Inc..(Flynn, Michael)
October 29, 2020 Filing 29 NOTICE to Take Deposition of Colleen Logan on November 12, 2020 filed by Peloton Interactive, Inc..(Flynn, Michael)
October 26, 2020 Filing 28 NOTICE OF SERVICE of (1) Defendant Peloton Interactive, Inc.'s First Set of Requests for Production to Plaintiff Icon Health & Fitness, Inc. Pursuant to the Order Setting Preliminary Injunction Schedule and (2) Defendant Peloton Interactive, Inc.'s First Set of Interrogatories to Plaintiff Icon Health & Fitness, Inc. Pursuant to the Order Setting Preliminary Injunction Schedule filed by Peloton Interactive, Inc..(Flynn, Michael)
October 23, 2020 Opinion or Order Filing 27 ORAL ORDER: The Clerk is directed to unseal the letters filed at D.I. #22 and D.I. #24 . Ordered by Judge Richard G. Andrews on 10/23/2020. (nms)
October 23, 2020 Opinion or Order Filing 26 ORAL ORDER: The schedule proposed by ICON (D.I. #22 ) is ADOPTED with the following modifications: (1) the deadlines to complete depositions are pushed back two days; (2) ICON is permitted a sur-reply brief but it is limited to five pages and to invalidity, and is due December 16, 2020; and (3) the hearing is scheduled for December 21, 2020, at 2 p.m. The hearing will be held using Skype for business. A joint email with the email addresses for all those participating in the hearing shall be due to the Court's Case Manager by 4:00 PM on 12/14/2020. Ordered by Judge Richard G. Andrews on 10/23/2020. (nms)
October 23, 2020 Remark: D.I. #22 and D.I. #24 have been unsealed per the authority at D.I. 27 . (nms)
October 22, 2020 Filing 25 Letter to The Honorable Richard G. Andrews, from Frederick L. Cottrell, III, responding to Defendant's letter (D.I. #24 ). (Cottrell, Frederick) Modified on 10/23/2020 (nms).
October 22, 2020 Filing 24 Letter to The Honorable Richard G. Andrews, from Michael Flynn, regarding Motion for Preliminary Injunction (D.I. #7 ). (Attachments: #1 Proposed Order)(Flynn, Michael) Modified on 10/22/2020 (nms). Modified on 10/23/2020 (nms).
October 22, 2020 Filing 23 REDACTED VERSION of #22 Letter, by ICON Health & Fitness, Inc.. (Attachments: #1 Proposed Order)(Haynes, Christine) Modified on 10/22/2020 (nms).
October 22, 2020 Filing 22 Letter to The Honorable Richard G. Andrews from Frederick L. Cottrell, III regarding proposed preliminary injunction schedule. (Attachments: #1 Text of Proposed Order)(Cottrell, Frederick) Modified on 10/23/2020 (nms).
October 22, 2020 Pro Hac Vice Attorney Tyson K. Hottinger for ICON Health & Fitness, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
October 22, 2020 Pro Hac Vice Attorney Sterling A. Brennan for ICON Health & Fitness, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
October 22, 2020 Pro Hac Vice Attorney David R. Wright for ICON Health & Fitness, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
October 21, 2020 Filing 21 MOTION for Pro Hac Vice Appearance of Attorney David R. Wright, Sterling A. Brennan and Tyson Hottinger of Maschoff Brennan Gilmore Israelsen & Wright PLLC - filed by ICON Health & Fitness, Inc.. (Haynes, Christine)
October 21, 2020 Opinion or Order Filing 20 SO ORDERED, re #15 Stipulation and Proposed Interim Protective Order. Signed by Judge Richard G. Andrews on 10/21/2020. (nms)
October 21, 2020 Filing 19 MOTION for Pro Hac Vice Appearance of Attorney Steven N. Feldman and Karen Younkins - filed by Peloton Interactive, Inc.. (Flynn, Michael)
October 21, 2020 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (nms)
October 21, 2020 Opinion or Order SO ORDERED, re #19 MOTION for Pro Hac Vice Appearance of Attorney Steven N. Feldman and Karen Younkins, filed by Peloton Interactive, Inc.. Signed by Judge Richard G. Andrews on 10/21/2020. (nms)
October 21, 2020 Opinion or Order SO ORDERED, re #21 MOTION for Pro Hac Vice Appearance of Attorney David R. Wright, Sterling A. Brennan and Tyson Hottinger of Maschoff Brennan Gilmore Israelsen & Wright PLLC, filed by ICON Health & Fitness, Inc.. Signed by Judge Richard G. Andrews on 10/21/2020. (nms)
October 21, 2020 CORRECTING ENTRY: D.I. 8 has been removed from the docket. The proposed order filed at that entry has been added to the filing at D.I. #7 . (nms)
October 21, 2020 Pro Hac Vice Attorneys Steven N. Feldman and Karen Younkins for Peloton Interactive, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
October 16, 2020 Filing 18 REDACTED VERSION of #12 Declaration by ICON Health & Fitness, Inc.. (Attachments: #1 Exhibit 1-23, #2 Exhibit 24-41)(Haynes, Christine)
October 16, 2020 Filing 17 REDACTED VERSION of #11 Declaration by ICON Health & Fitness, Inc.. (Attachments: #1 Attachment A and Schedules)(Haynes, Christine)
October 16, 2020 Filing 16 REDACTED VERSION of #9 Opening Brief in Support by ICON Health & Fitness, Inc.. (Haynes, Christine)
October 16, 2020 Filing 15 STIPULATION and [Proposed] Interim Protective Order by ICON Health & Fitness, Inc.. (Haynes, Christine)
October 15, 2020 Filing 14 NOTICE OF SERVICE of (1) Plaintiff ICON Health & Fitness Inc.'s Motion for Preliminary Injunction; (2) Plaintiff ICON Health & Fitness Inc.'s Opening Brief in Support of Its Motion for Preliminary Injunction; (3) Declaration of Dr. William C. Easttom II; (4) Declaration of Clarke B. Nelson; (5) Declaration of Colleen Logan; and (6) Declaration of Tyson K. Hottinger filed by ICON Health & Fitness, Inc..(Cottrell, Frederick)
October 15, 2020 Filing 13 DECLARATION of Tyson K. Hottinger re #7 MOTION for Preliminary Injunction, by ICON Health & Fitness, Inc.. (Attachments: #1 Exhibits A-D)(Cottrell, Frederick) Modified on 10/21/2020 (nms).
October 15, 2020 Filing 12 [SEALED] DECLARATION of Colleen Logan re #7 MOTION for Preliminary Injunction, by ICON Health & Fitness, Inc.. (Attachments: #1 Exhibits 1-23, #2 Exhibits 24-41)(Cottrell, Frederick) Modified on 10/21/2020 (nms).
October 15, 2020 Filing 11 [SEALED] DECLARATION of Clarke B. Nelson re #7 MOTION for Preliminary Injunction by ICON Health & Fitness, Inc.. (Attachments: #1 Attachment A)(Cottrell, Frederick) Modified on 10/21/2020 (nms).
October 15, 2020 Filing 10 DECLARATION of Dr. William C. Easttom II re #7 MOTION for Preliminary Injunction, by ICON Health & Fitness, Inc.. (Attachments: #1 Exhibit A)(Cottrell, Frederick) Modified on 10/21/2020 (nms).
October 15, 2020 Filing 9 [SEALED] OPENING BRIEF in Support re #7 MOTION for Preliminary Injunction filed by ICON Health & Fitness, Inc..Answering Brief/Response due date per Local Rules is 10/29/2020. (Cottrell, Frederick)
October 15, 2020 Filing 7 MOTION for Preliminary Injunction - filed by ICON Health & Fitness, Inc.. (Cottrell, Frederick) (Additional attachment(s) added on 10/21/2020: #1 Proposed Order) (nms).
October 15, 2020 Filing 6 SUMMONS Returned Executed by ICON Health & Fitness, Inc.. Peloton Interactive, Inc. served on 10/15/2020, answer due 11/5/2020. (Haynes, Christine)
October 15, 2020 Filing 5 Summonses Issued (please complete the top portion of the form and print out for use/service). (amf)
October 15, 2020 Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent IHF Holdings, Inc. for ICON Health & Fitness, Inc., filed by ICON Health & Fitness, Inc. (amf)
October 15, 2020 Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 7,166,062 and 10,293,211. (amf)
October 15, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf)
October 15, 2020 Filing 1 COMPLAINT FOR WILLFUL PATENT INFRINGEMENT - filed with Jury Demand against Peloton Interactive, Inc. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number ADEDC-3267259) - filed by ICON Health & Fitness, Inc. (Attachments: #1 Exhibits A-B, #2 Civil Cover Sheet)(amf)

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Plaintiff: ICON Health & Fitness, Inc.
Represented By: Frederick L. Cottrell, III
Represented By: Christine Dealy Haynes
Represented By: David R. Wright
Represented By: Sterling A. Brennan
Represented By: Alexis Juergens
Represented By: Tyson K. Hottinger
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Defendant: Peloton Interactive, Inc.
Represented By: Karen Younkins
Represented By: Andrew Mark Moshos
Represented By: Michael J. Flynn
Represented By: Steven N. Feldman
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