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Be careful who you pick a (dog) fight with

12/14/2021

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 Peloton has engaged in several IP battles with rivals but with the share price falling has it bitten off more than it can chew?
 
A few years ago when cycling rather slowly up a steep hill I was attacked by a Doberman Pinscher dog, that sunk its teeth into the rather substantial winter boots I was wearing. It wasn't a pleasant experience.
 
Peloton was one of the great successes during the COVID era lockdown, with its share price rising 450% in 2020. It hasn't fared so well recently however with the share price plummeting back down to pre COVID levels.
 
Along the way Peloton decided to pick fights with many of its fitness bike and treadmill rivals. It has sued and been countersued by competitors Mad Dogg, Flywheel, Echelon and NordicTrack over intellectual property rights.

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In the recent case however, Peloton was able to show that Mad Dogg’s patents were actually ineligible. Peloton told the court that the Mad Dogg patents, were unenforceable because they related to the abstract idea of "providing instruction for using an exercise bike."
 
Moreover Peloton’s lawyer showed ‘Simulating a cycling class is an abstract idea, and Mad Dogg didn't show that the invention included a patentable improvement to computer functioning’.
 
Peloton also asked the U.S. Patent and Trademark Office to cancel Mad Dogg's trademarks for "Spin" and "Spinning," arguing they had become generic.
 
It is very difficult to judge where the spinning class at home business is going to end up but it's clear that in this case with Mad Dogg, that Peloton was able to escape with it’s calves intact.
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    Author: John Pryor Exalt IP



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