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BROOKLYN PARK, Minn. – Sept. 9, 2015 – The United States District Court for the District of Minnesota recently awarded $1.8 million in attorneys’ fees and expenses to Octane Fitness, LLC, for its defense in a patent infringement case brought by Icon Health & Fitness, Inc. In July, the Court ruled that this case was exceptional under 35 USC 285, using the new standard set by the U.S. Supreme Court that reduces the standard of proof for legal fee reimbursement, and thereby worthy of reasonable attorneys fees and expenses.

“We are grateful to have prevailed against this meritless litigation, and are committed to aggressively defend against unjustified allegations of patent infringement,” said Dennis Lee, president and CEO of Octane Fitness. ”Octane is thrilled to have played a role in changing U.S. patent law to help deter frivolous lawsuits among all industries.”

The Court awarded fees and expenses to cover the defense against the original litigation, but not the appeals costs that ultimately established the new standard of proof for legal fee reimbursement. Judge Ann Montgomery ordered Icon Health & Fitness to pay Octane Fitness $1.63 million in attorneys’ fees and $144,697 in costs (http://cases.justia.com/federal/district-courts/minnesota/mndce/0:2009cv00319/105109/296/0.pdf?ts=1441196673).

Case History

In February 2009, Icon Health & Fitness, Inc. sued Octane for infringing on two of its patents on its elliptical machines – one on electronic heart rate monitoring and one on linkage of the moving pedals. Icon was forced to drop the heart rate claim, and Octane won on the linkage issue and requested reimbursement for attorneys’ fees.

While the U.S. District Court for the District of Minnesota and the U.S. Court of Appeals for the Federal Circuit issued summary judgment in Octane’s favor in October 2012, both found the case was not “exceptional” enough to warrant imposition of fees.

In response, Octane filed a petition for certiorari with the U.S. Supreme Court, arguing that this statutory interpretation was a “rigid and virtually insurmountable test,” and that trial judges should be able to award fees when a patent holder “unreasonably pursues a case having an objectively low likelihood of success” to serve as a deterrent to litigation abuse.

In April 2014, the U.S. Supreme Court overturned the appeals court and reduced the standard of proof for legal fee reimbursement from “clear and convincing evidence” to a “preponderance of the evidence.” The U.S. Supreme Court remanded the case to the Federal Circuit for reconsideration, which sent it to the District Court.

The Court indicated that Octane Fitness showed by “a preponderance of the evidence that Icon’s litigation position was exceptionally weak,” and that fees were merited. The case is Octane Fitness v. Icon Health & Fitness, Civil No. 09-319.

Octane Fitness Background

Relentlessly fueled to reinvent zero-impact cardiovascular exercise, Octane Fitness has perfected the elliptical machine, introduced a new category with the xRide® recumbent elliptical, designed strength-infused cardio with the unique CROSS CiRCUIT®, created exercise in a new direction with the LateralX®, reinvented running with the Zero Runner®, optimized cross training with the XT-One™ that does it all and is leading smarter training with SmartLink™. Defined by standout innovations, and driven to deliver more effective, efficient and rewarding workouts, Octane is engineering elliptical domination.

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BROOKLYN PARK, Minn., USA – Sept. 9, 2015 – Octane Fitness, LLC, the leading brand of zero-impact cardiovascular equipment, was selected as a premium equipment provider for Gravity, a new, invitation-only luxury health club in Singapore operated by Fitness First Group, a global health club chain founded in the United Kingdom. Opened in August, Gravity is a USD $7.1 million, 17,000-square-foot gym on the top floor of the new CapaitaGreen office tower in the Central Business District. Membership is available to only 999 people.

Fitness First Group describes Gravity as “private and intimate, designed exclusively for C-suite executives and discerning individuals seeking a holistic health and wellness experience in a single location.” Invitees pay USD $2250 to join, with monthly dues of approximately USD $450.

The exclusive club offers state-of-the-art fitness equipment, including Octane Fitness’ unique LateralX lateral trainer and xR6000 recumbent elliptical trainer.

“The LateralX and the xR6000 are absolutely unmatched in the industry in terms of providing innovative, effective and efficient workouts, and are an ideal fit for clubs like Gravity that pride themselves on the best offerings,” said Mark Lowder, vice president of international sales at Octane Fitness. “Our equipment is designed to deliver superior performance to particularly discerning audiences.”

Gravity also includes personal fitness coaching, wellness consultations, a lounge, workstations and meeting rooms, with a restaurant scheduled to open later this year. Members can use an app to set their goals, track their fitness progress, check timetables and schedule bookings with Gravity’s on-site wellness practitioners.

Fitness First found in a survey of senior executives in Singapore, 94 percent said that they “would prefer a private, premium and personalized environment to help them achieve their health and wellness goals.”

Octane’s LateralX and xR6000 offer several features that can provide valuable results to Gravity members. Among them:

LateralX – A smooth, 3D motion goes from a vertical elliptical stepping motion to an adjustable side-to-side motion delivers a 27% increase in caloric expenditure and a 30% increase in hip abductor/adductor usage over traditional ellipticals. Plus, the patented Converging Path and MultiGrip handlebars better engage the upper body, and advanced regimens like MMA and 30:30 Interval add challenge and variety.

xR6000 – This unique recumbent elliptical uses PowerStroke technology to help exercisers burn 23% more calories and foster 343% more glute activity than recumbent bikes. Its Active Seat Position maximizes comfort and muscle use, and Workout Boosters like Muscle Endurance, Leg Press and Chest Press incorporate strength training into cardio sessions for effectiveness.

Octane Fitness Background

Relentlessly fueled to reinvent zero-impact cardiovascular exercise, Octane Fitness has perfected the elliptical machine, introduced a new category with the xRide® recumbent elliptical, designed strength-infused cardio with the unique CROSS CiRCUIT®, created exercise in a new direction with the LateralX®, reinvented running with the Zero Runner®, optimized cross training with the XT-One™ that does it all and is leading smarter training with SmartLink™. Defined by standout innovations, and driven to deliver more effective, efficient and rewarding workouts, Octane is engineering elliptical domination.

About Gravity

Gravity is an exclusive private member’s club designed to cater to senior executives and individuals seeking a highly personalised holistic health and wellness solution in a single location. Gravity is an all-encompassing wellness haven, combining exercise, wellness therapy and nutrition programmes with business amenities delivered through highly-personalised service.

Every aspect of well-being is taken care of seamlessly with an in-house doctor dispensing advice and health tests, wellness practitioners that include massage therapists, nutritionists and osteopaths, and certified fitness experts all working together. Located at the top floors of CapitaGreen in Singapore, members also have exclusive access to the Breakfast Club at Gravity’s restaurant, Artemis, on the 40th floor when the restaurant opens in October 2015. For more information, visit www.Gravityclub.com.

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Brooklyn Park, MN – January 5, 2012 – Octane Fitness’ premium Q37ci standing elliptical cross trainer was the top-rated machine – described as the “best overall” and a “high-performing, recommended model” in a February 2012 review of 18 ellipticals by a leading consumer publication.

“We are passionate about being in the #1 position, and are committed to designing superior ellipticals that deliver better results,” said Tim Porth, executive vice president of product development and marketing at Octane Fitness. “With 55 Best Buy awards so far, we’re continuing our history of relentless innovation.”

Popular Elliptical Wins Praise

Reviewers said, “The top-rated Octane Fitness Q37ci is solidly built, has four heart rate programs, comes with a chest strap heart-rate monitor and earned very high marks for safety.” According to the magazine, construction considers “aspects that indicate good construction methods, design choices, and our perception of quality based on operating noise, feel and the ride.” Safety evaluates pinch points, materials, stability and static loading.

The Q37ci also earned an excellent rating for ergonomics, which is defined as “pedaling motion and how well an elliptical accommodates people of various sizes.”  According to reviewers, the Q37ci “performed well in all the tests and has a nice display that is easy to read.”  Also in the top 5 rankings was Octane’s Q37c elliptical, which has all the features of the Q37ci except for the chest strap, interactive heart rate programs and the CROSS CiRCUIT routines.

The unique CROSS CiRCUIT program on the Q37ci model combines cardiovascular intervals on the elliptical with strength-training exercises using Octane’s custom designed Powerbands or PowerBlock adjustable dumbbells for resistance.  Combining cardio with strength training delivers greater benefits, including high caloric expenditure, improved muscular endurance and better overall conditioning. CROSS CiRCUIT programs include Lower Body Blast, Upper Body Blast, Total Body Blast and Core Focus, and six new workout DVDs are also available for additional routines.

All Q37 Series ellipticals come equipped with Octane’s signature workout boosters – X-Mode, GluteKicker and ArmBlaster – that deliver distinctly effective, exhilarating regimens that yield results. The company’s trademark Converging Path and MultiGrip handlebars provide comfort and variety, and goal-based programs offer motivation.

The Q37ci is available at specialty fitness retailers nationwide for a manufacturer’s suggested retail price (MSRP) of $3,099, and the Q37c sells for $2,599.

Octane Fitness Background

Fueled by a relentless passion to offer the best elliptical machines, Octane Fitness is committed exclusively to delivering breakthrough, performance cross training—unlike any other fitness equipment manufacturer today. Low-impact, effective cardiovascular equipment is the sole focus of Octane Fitness’ extensive research, development, testing and manufacturing—all ultimately to benefit exercisers with superior quality products; innovative, effective workouts and unparalleled personalized service.

美国明尼苏达州布鲁克林公园 – 2014 年 5 月 1 日 – 美国最高法院一致裁定 Octane Fitness 专利侵权案的败诉方 Icon Health and Fitness 公司须向胜诉方 Octane Fitness 有限责任公司偿还律师费。这一判决的意义在于，增强了专利案胜诉方向败诉方追讨诉讼费用的信心，以及遏制目前给法院和合法美国企业造成困扰的不合理的专利起诉。

两年前，Icon Health and Fitness 公司起诉 Octane 侵犯了其两项专利——其中一项涉及电子心率监测装置，另一项涉及移动踏板的联动机构。涉及电子心率监测装置的起诉毫无依据，因此，Icon Health and Fitness 在诉讼的初期就被迫放弃起诉。在另一项起诉中，Octane 胜诉，并要求对方偿还 180 万美元的律师费。美国明尼苏达州地区法院和美国联邦巡回上诉法院一致裁定，Icon Health and Fitness 的起诉没有充分客观依据，没必要进行陪审团审判，判 Octane 胜诉的简易判决是正确的。但两个法院都认为，该起案件并不符合美国《专利法》第 285 条所定义的“特殊案件”，因此败诉方不可被要求支付其他方的律师费。

面对这一判决，Octane 向美国最高法院提出申诉。在申诉书中，Octane 表示，其上次受到的专利起诉是一次“几乎无法克服的严格考验”，对于专利持有者“无理地提出客观上胜算很低的起诉”这种情况，法官应有权判决有关费用的支付，以遏制毫无客观依据地滥用诉讼。

在 2 月 26 日进行了口头辩论后，美国最高法院推翻了上诉法院的判决，将案件发回给下级法院根据新标准重新进行审理。根据新标准，对于弱专利诉讼案，地方法院有更大的自主权来判决律师费的支付情况。在经一致同意的判决书中，Sonia Sotomayor 法官写到：“具有主观恶意或非常不道德的案件可能会成为特殊案件，对于此类案件，法院有权判定律师费由哪一方来支付。”

这次判决将法律费用追讨的举证标准从“证据明确”降低为“证据优势”，进而使地方法院法官在审理其认为不应提出的诉讼案件时，有更大的自主权来判决律师费的支付情况。

“我们这次胜诉的意义在于，有助于各个行业的企业免遭到毫无客观依据的不道德的法律起诉。为此，我们感到非常激动。”Octane Fitness 总裁兼 CEO Dennis Lee 说，“我们非常重视知识产权，我们用了六年时间来打这场毫无依据的专利诉讼案。”

包括苹果公司和谷歌在内的很多技术公司都面临着很多无根据的专利诉讼，因此，Octane 在这起申诉案中获得了 15 份非当事人意见陈述，其中一份来自美国司法部长办公室。苹果公司和谷歌也向高等法院请求修改专利诉讼案中律师费的支付判决方式，而美国国会也在考虑修改这方面的立法。

案件为 Octane Fitness 与 Icon Health and Fitness 之间的专利诉讼案，案件编号为 12-1184。

OCTANE FITNESS 公司简介

Octane Fitness 不懈地致力于创零低冲击心血管训练设备，制造出一流的椭圆健身机，推出了创新的 xRide® 斜躺式椭圆健身机，用独一无二的 CROSS CiRCUIT 程序设计出力量型有氧运动，以 LateralX® 开创了新型训练，现在正以 SmartLink 开创更加智能的训练。Octane 以提供更有效、更高效的一流健身设备为宗旨，进行不断创新，正逐步成为椭圆健身机领域的领导者。