Case Name: FenF, LLC v. Smartthingsz, Inc.
Docket Number: 2:12-cv-14770-PJD-MKM
Date Filed: 10/26/2012
Judge: Hon. Patrick J. Duggan
Status: Pending

            FenF, LLC filed suit against Smartthingsz, Inc. for the patent infringement of  U.S. Patent No. 8,002,675. The patent generally relates to an orthopedic device that stretches the foot and toes. In the claim construction opinion issued July 25, 2013, the court found FenF interpretation of asserted claim 35 as proper. In that same opinion, the court denied FenF’s motion for summary judgment and permanent injunction as FenF had not proved that Smartthingsz was infringing. However, FenF filed a motion for reconsideration after conversations with Smartthingsz stipulating to infringement. As such, FenF filed a motion for reconsideration and the court granted FenF’s motion and issued a permanent injunction was issued on April 14, 2014 against defendant for infringing on the patent. Judgment was rendered for FenF on May 7, 2014. On May 12, 2014 Smartthingz filed a notice of appeal with the Federal Circuit, which vacated the district court’s final judgment, permanent injunction, and remanded the case for further proceedings based on the Federal District revised claim construction of the terms at issue in claim 35.  On June 4, 2015, the court issued a stipulation and order of dismissal without prejudice subject to the terms and condition of a settlement agreement between the parties.