1:22-cv-12110
SherryWear LLC v. Tracksmith Corp
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: SherryWear, LLC (Florida)
- Defendant: Tracksmith Corporation (Delaware)
- Plaintiff’s Counsel: Caldwell IP Law
- Case Identification: 1:22-cv-12110, D. Mass., 12/13/2022
- Venue Allegations: Venue is asserted based on Defendant’s principal place of business being located in Massachusetts, where it has also allegedly committed acts of infringement.
- Core Dispute: Plaintiff alleges that Defendant’s "Allston Bra" product infringes two patents related to sports bras designed with integrated pockets for carrying personal items.
- Technical Context: The technology addresses the market for athletic apparel that combines functionality and convenience by integrating secure storage into a support garment, removing the need for separate accessories.
- Key Procedural History: The complaint alleges that Plaintiff sent Defendant a letter on or about August 26, 2022, providing notice of the patents-in-suit and including claim charts detailing the alleged infringement, a fact which forms the basis for the willfulness allegations.
Case Timeline
| Date | Event |
|---|---|
| 2011-04-26 | Earliest Priority Date for ’036 and ’550 Patents |
| 2017-11-07 | U.S. Patent No. 9,808,036 Issued |
| 2019-03-05 | U.S. Patent No. 10,219,550 Issued |
| 2022-08-26 | Plaintiff allegedly sent pre-suit notice letter to Defendant |
| 2022-12-13 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 10,219,550 - "Pocket Bra System," issued March 5, 2019
The Invention Explained
- Problem Addressed: The patent describes the need for a system to conveniently and safely carry items such as a "hand-held electronic device" within a bra, while still providing the necessary "support and shape to the breasts of a wearer" (ʼ550 Patent, col. 1:12-18).
- The Patented Solution: The invention proposes a bra with a "patch" attached to a cup to form a pocket (’550 Patent, col. 1:36-38). The patch is coupled to the lower and outer edges of the cup, while the upper edge remains unattached to form an opening (’550 Patent, col. 4:65-col. 5:2). A distinguishing feature is the specific geometry where the upper edge of the patch "crosses over a surface of the cup" such that the resulting opening "faces the interior edge" of that cup, creating an inwardly-oriented pocket (’550 Patent, col. 6:50-55).
- Technical Importance: The design aims to integrate secure storage directly into an athletic garment, offering an alternative to separate accessories like armbands or belts for carrying personal items during physical activity (’550 Patent, col. 2:22-29).
Key Claims at a Glance
- The complaint asserts independent claim 8 (Compl. ¶22).
- The essential elements of independent claim 8 include: (a) a pocket bra with a strap assembly and left and right cups; (b) a "patch" forming a pocket on at least one cup; (c) the patch's lower and exterior edges are "coupled" to the bra adjacent to the cup's corresponding edges, leaving the upper edge unattached to form an opening; (d) the opening is capable of repeated use; and (e) the opening is formed such that it "faces the interior edge" of the cup to which it is attached (Compl. ¶9).
- The complaint reserves the right to assert dependent claim 10 (Compl. ¶25, ¶37).
U.S. Patent No. 9,808,036 - "Pocket Bra System," issued November 7, 2017
The Invention Explained
- Problem Addressed: As a parent to the ’550 patent, this patent addresses the same technical problem of providing a safe and convenient method for carrying electronic devices or other objects within a bra (’036 Patent, col. 1:12-18).
- The Patented Solution: The solution is also a pocket bra formed by adding a patch to a cup (’036 Patent, col. 4:45-50). The asserted claims specify that "stitching" couples the patch to the cup or chest strap, and the pocket opening is formed along the upper edge of the patch (’036 Patent, col. 5:56-62). A key limitation is that the "upper edge of the patch" must be "offset from an upper edge of the cup," indicating a specific vertical placement of the pocket opening relative to the top of the bra cup (’036 Patent, col. 6:6-8).
- Technical Importance: This patent provides an alternative construction for an integrated bra pocket, focusing on specific details of attachment ("stitching") and placement ("offset") to achieve the goal of secure, built-in storage (’036 Patent, col. 2:30-34).
Key Claims at a Glance
- The complaint asserts independent claims 1 and 6 (Compl. ¶22).
- The essential elements of independent claim 1 include: (a) a pocket bra with a strap assembly and cups; (b) a patch forming a pocket; (c) "stitching" that couples the patch's lower and exterior edges to the cup or chest strap; (d) an opening along the patch's upper edge capable of repeated use; and (e) the upper edge of the patch is "offset from an upper edge of the cup" (Compl. ¶12).
- Independent claim 6 adds the requirement that the opening "faces the interior body facing edge" of the cup (Compl. ¶14).
- The complaint reserves the right to assert dependent claims 3 and 8 (Compl. ¶25, ¶49).
III. The Accused Instrumentality
Product Identification
The accused product is the "Allston Bra" (Compl. ¶1).
Functionality and Market Context
The complaint describes the Allston Bra as a sports bra comprising a chest and shoulder strap assembly (Compl. ¶20). It allegedly includes a "patch on the front chest area" that creates a pocket opening at its upper edge (Compl. ¶21). The complaint alleges this pocket's upper edge is "offset from the upper edges of the bra's cups" (Compl. ¶21). Marketing materials are cited as stating the bra has a "pocket hidden between the bra lining that will hold anything from a phone to a few gels" (Compl. ¶26). The complaint includes a marketing image from the Defendant's website, allegedly showing a phone being inserted into the Allston Bra's pocket (Compl. ¶28, Exhibit 5).
IV. Analysis of Infringement Allegations
’550 Patent Infringement Allegations
| Claim Element (from Independent Claim 8) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a strap assembly comprising a chest strap; and comprising left and right cups... | The Allston Bra is a sports bra comprised of a chest and shoulder strap assembly with left and right cups. | ¶20 | col. 4:26-34 |
| a patch forming a pocket operatively associated with at least one of the left and right cups... | The Allston Bra allegedly has a patch on the front chest area that forms a pocket. | ¶21 | col. 4:62-63 |
| the lower edge of the patch coupled to the bra... and the exterior edge of the patch coupled... a pocket opening formed along the upper edge of the patch being unconnected... | The Allston Bra’s pocket is allegedly formed by a patch attached to the bra, with an opening along its upper edge. | ¶21, ¶22 | col. 4:65-col. 5:2 |
| the pocket opening capable of repeated receiving and removal of an item when being worn by the wearer; | The pocket is allegedly designed to receive items and is marketed to hold a phone or gels. | ¶21, ¶26 | col. 2:22-29 |
| and wherein the upper edge of the patch crosses over a surface of the cup to form the opening, the upper edge crossing such that the opening faces the interior edge... | The complaint makes a general allegation that the Allston Bra's features match this element, without providing specific detail on the opening's orientation. | ¶22 | col. 6:50-55 |
’036 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a strap assembly comprising a chest strap; and comprising left and right cups... | The Allston Bra is a sports bra comprised of a chest and shoulder strap assembly with left and right cups. | ¶20 | col. 4:26-34 |
| a patch forming a pocket operatively associated with at least one of the left and right cups... | The Allston Bra allegedly has a patch on the front chest area that forms a pocket. | ¶21 | col. 4:62-63 |
| stitching coupling the lower interior body facing edge, and the opposite lower exterior edge of the patch to at least one of the... cups, or the chest strap; | The complaint alleges features match this element, supported by a claim chart exhibit (not provided) that would presumably detail the method of attachment. | ¶22 | col. 4:65-col. 5:1 |
| an opening formed along the upper edge of the patch; | The pocket on the Allston Bra is alleged to open at its upper edge. | ¶21 | col. 5:1-2 |
| the opening capable of repeated receiving and removal of an item when being worn by the wearer; | The pocket is allegedly designed to receive items and is marketed to hold a phone or gels. | ¶21, ¶26 | col. 2:22-29 |
| and wherein the upper edge of the patch crosses over a surface of the cup to form the opening, the upper edge of the patch being offset from an upper edge of the cup. | The complaint specifically alleges that the pocket’s upper edge is "offset from the upper edges of the bra’s cups." | ¶21 | col. 6:6-8 |
Identified Points of Contention
- Scope Questions: The claims require a "patch" on a "cup." A potential issue is whether the Allston Bra's pocket, described as being on the "front chest area" (Compl. ¶21), is located on a "cup" or on the "chest strap" element of the bra. The construction of the accused product will be critical to determining if it falls within the claimed scope.
- Technical Questions: For the ’550 Patent, a factual question is whether the Allston Bra's pocket opening in fact "faces the interior edge" of the cup as required by claim 8. The complaint alleges this generally (Compl. ¶22) but does not provide specific evidence, such as annotated images, to support the specific geometry.
V. Key Claim Terms for Construction
The Term: "patch"
Context and Importance
The definition of this term is fundamental. Practitioners may focus on this term because if the accused pocket is formed from an integral layer of the bra's fabric, rather than a distinct piece of material attached to it, a defendant may argue it does not have a "patch."
Intrinsic Evidence for a Broader Interpretation
The specification states a "patch... is operatively associated with each cup" (’550 Patent, col. 4:62-63), language that could be argued to encompass a variety of functional associations beyond a separate, stitched-on element.
Intrinsic Evidence for a Narrower Interpretation
The specification also describes "stitching" that "couples the lower, interior and exterior edges of each patch to the... cup" (’550 Patent, col. 4:65-col. 5:1) and shows the patch as a distinct layer in figures (e.g., Fig. 2, item 32), which may support an interpretation that a "patch" must be a separate component.
The Term: "the opening faces the interior edge of the... cup" (’550 Patent, Claim 8)
Context and Importance
This directional limitation is a potentially key point of novelty. Infringement of claim 8 will depend on the precise geometry of the accused product's pocket opening relative to the center of the garment.
Intrinsic Evidence for a Broader Interpretation
A plaintiff might argue that "faces" implies a general directional orientation toward the interior of the bra, not necessarily a strict, perpendicular alignment with the cup's innermost edge.
Intrinsic Evidence for a Narrower Interpretation
The plain language of the claim requires the opening to face a specific part of the bra structure—the "interior edge" of the cup. A defendant could argue that an opening oriented vertically upward, for example, does not "face" the interior edge in the manner required by the claim (’550 Patent, col. 6:53-55).
VI. Other Allegations
Indirect Infringement
The complaint alleges inducement to infringe based on Defendant’s marketing materials and the inherent design of the Allston Bra (Compl. ¶28, ¶41). It alleges that Defendant's website and marketing materials instruct customers to use the product in an infringing manner by inserting items like a phone into the pocket (Compl. ¶26, ¶28).
Willful Infringement
The willfulness claim is based on alleged post-suit knowledge. The complaint alleges that Defendant had actual knowledge of the patents-in-suit and its alleged infringement no later than its receipt of a notice letter around August 29, 2022, but continued its allegedly infringing activities (Compl. ¶42, ¶54).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of claim construction: can the term "patch," which the patent figures depict as a separate layer, be construed to read on the specific construction of the Allston Bra's pocket, which is described as being "hidden between the bra lining" (Compl. ¶26)?
- A key factual question will be one of geometric infringement: does the Allston Bra's pocket opening physically orient itself to "face the interior edge" of the bra cup, as specifically required by claim 8 of the ’550 patent, and what evidence will be required to prove this specific spatial relationship?
- A central question for damages will be the impact of the pre-suit notice: did the Plaintiff's August 2022 letter provide notice that was sufficiently detailed and unequivocal to render Defendant's continued sales objectively reckless, thereby supporting a finding of willful infringement?