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TuffStuff Scores Major Litigation Victory Defending Patented Bio-Arc Technology

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Lawsuit Alleging Patent Infringement Dropped on Eve of Trial

CHINO, Calif.–(BUSINESS WIRE)–TuffStuff Fitness International, Inc. is pleased to announce that it has successfully resolved a patent infringement lawsuit filed in a California federal court alleging that TuffStuff’s patented Bio-Arc line of products infringe a competitor’s patents.

Hours before trial on the matter was to begin, Hoist Fitness Systems, Inc. agreed to stipulate to a final judgment that TuffStuff’s patented Selectorized Bio-Arc machines do not infringe Hoist’s patents, effectively ending the district court litigation and likely sending the matter to the Federal Circuit on appeal.

“We feel the district court was absolutely correct in the way it construed the claims of the patents-in-suit,” said Rudy Telscher, a partner at Husch Blackwell and TuffStuff’s lead legal counsel. “Should the plaintiff choose to press this matter on appeal, we will defend our position vigorously.”

The litigation is one component of a larger dispute between TuffStuff and Hoist in which Hoist has repeatedly alleged that TuffStuff’s Bio-Arc line of products infringe multiple Hoist patents. In September 2018 Hoist filed an additional lawsuit at the U.S. International Trade Commission (ITC) concerning the same patents-in-suit as those found to be non-infringing in the recently concluded district court litigation.

In order to end the ITC matter quickly and efficiently, TuffStuff entered into a consent order in May 2019 that forbids TuffStuff from importing Bio-Arcs into the United States until the underlying patent dispute comes to a final conclusion in favor of TuffStuff. Importantly, the consent order admits no wrongdoing by TuffStuff—patent infringement or otherwise. Similarly, TuffStuff made no settlement payment to Hoist as part of the consent agreement. Pursuant to the agreement, however, Bio-Arcs are currently only marketed and sold to customers outside of the United States.

“Securing a judgment of non-infringement in district court is a big step toward ending this dispute and clearing the way for Bio-Arcs to be sold in the U.S.,” said TuffStuff President and CEO Cammie L. Grider. “We look forward to resolving this matter once and for all by demonstrating that our patented technology does not infringe Hoist’s patents.”

TuffStuff was founded by Sherman Grider in 1971. While it is the only fitness company in the United States with the capability to manufacture any product it sells, some product lines, like the Bio-Arc, have overseas production lines. Using its proprietary designs and methods, however, TuffStuff is currently exploring options for ramping up production of the Bio-Arc line of products domestically, adding to what is already one of the largest American production lines in the fitness industry.

Sherman Grider died in 2016, mere months before Hoist filed its patent infringement lawsuit.

“My late husband dedicated much of his life to inventing and developing new technology to assist people with leading healthy lives,” said Cammie Grider. “He would not have wanted us to buckle under to these unfounded allegations, so we intend to fight for our company and Sherman’s legacy.”

The Inland Empire Business Journal (IEBJ) is the official business news publication of Southern California’s Inland Empire region - covering San Bernardino & Riverside Counties.

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Stockbridge Acquires 540,478 SF Inland Empire Industrial Portfolio for $142MM

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San Francisco based Stockbridge acquires 100% leased assets in premier IE West location

Cushman & Wakefield’s EDSF also sources acquisition financing for transaction

Cushman & Wakefield announced the firm has arranged the sale of a core industrial portfolio totaling 540,478 square feet in Southern California’s premier Inland Empire West (IEW) submarket. The portfolio consists of two freestanding Class A buildings located a few miles apart at 3351 E Philadelphia St and 4450 E Lowell St in the city of Ontario. The buildings are 100% leased to prominent tenants in the distribution and retail industries.

San Francisco based Stockbridge acquired the two-property portfolio from Principal Asset ManagementSM a global financial and investment management firm. The portfolio sold for $142.25 million.

Jeff Chiate, Jeffrey Cole, Rick Ellison, and Matt Leupold of Cushman & Wakefield’s National Industrial Advisory Group—West represented the seller in the transaction. The firm’s Phil Lombardo, Chuck Belden and Andrew Starnes also provided leasing advisory.

Additionally, a Cushman & Wakefield Equity, Debt & Structured Finance (EDSF) team of Rob Rubano, Brian Share, Joseph Lieske, Max Schafer, and Becca Tse collaborated in sourcing acquisition financing for the transaction.

“Stockbridge has acquired an institutional-quality industrial portfolio with a phenomenal infill location combined with strong tenancy and premium distribution features and functionality. Both properties have maintained a historical occupancy of 100% for nearly a decade speaking to the tenant demand for industrial buildings of this quality and location,” said Jeff Chiate, Executive Vice Chair. “Additionally, with current rents below market rate, the buyer has a compelling mark-to market opportunity along with existing durable cash flow, providing a variety of value-add strategies.”

The properties offer convenient access to Southern California’s robust freeway network and other vital nodes of transit such as Ontario International Airport, the Los Angeles & Long Beach Ports, and LAX International Airport (60 miles). Access to a deep labor pool and robust consumer population also makes the region a superior industrial location.

According to Cushman & Wakefield’s latest industrial market report, the Inland Empire West submarket had a vacancy rate of 5.4% in Q1 2024, representing the tightest submarket in the broader Inland Empire market. Additionally, IEW achieved nearly 1 million square feet of positive net absorption (occupancy growth) in the first quarter of 2024.

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Stater Bros. Charities and Reyes Coca-Cola Bottling Give Back to Military Families

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Stater Bros. Charities, the philanthropic arm of Stater Bros. Markets, partnered with Reyes Coca-Cola Bottling again this year for their Give Back program during National Military Appreciation Month. The program ran for the entire month of May, during which Reyes Coca-Cola Bottling committed to donating $0.25 per eligible product purchased to the Bob Hope USO. Reyes Coca-Cola Bottling donated $15,000, and Stater Bros. Charities matched their donation for a total contribution of $30,000.

A check presentation occurred during a K-EARTH 101 radiothon benefiting the Bob Hope USO. The radiothon took place at the Bob Hope USO at LAX (Los Angeles International Airport) on June 29, 2023, where Stater Bros. Charities and Reyes Coca-Cola Bottling presented Bob Hope USO with a $30,000 check.

Bob Hope USO’s mission is to strengthen America’s military service members by keeping them connected to family, home and country, throughout their service to the nation. The Give Back program is a unique opportunity to show gratitude and support to the brave men and women who risk their lives for our freedoms and to care for their families while they are away from home on deployment.

“Stater Bros. Markets has a long history of supporting veterans, service members, and their families,” said Danielle Oehlman, Director, Stater Bros. Charities. “We are so pleased to partner with our friends at Reyes Coca-Cola Bottling and the USO to give back to those who have given so much for us.”

Lorin Stewart, President, USO West Region, said, “We are deeply grateful to Stater Bros. Charities and Reyes Coca-Cola Bottling for being sustaining partners of the USO. The Give Back program embodies the essence of the USO mission by enabling the community at large to come together to support and give thanks to our armed forces and their brave military families in an impactful way.”

Funds will support the Bob Hope USO and USO San Diego Center operations, including programs and services that strengthen the social, mental, physical, and emotional well-being of local military service members, their families, and their communities.

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BDK Logistics Intelligence Fully Leases 114,190 SF Industrial Facility in Corona, CA

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Cushman & Wakefield represents landlord in lease in SoCal’s Inland Empire

Cushman & Wakefield announced that BDK Logistics Intelligence, Inc. has signed a lease for an entire 114,190-square-foot industrial facility at 1161 Olympic Drive in Corona, California. Situated in Southern California’s renowned Inland Empire, the building is owned by Monterey Rancho Mirage, LLC, which was represented by Brett Lockwood and Rick Ellison of Cushman & Wakefield in the transaction.

“We are pleased to welcome BDK to the property as a quality industrial tenant that is expanding its presence in the market, which it also currently occupies multiple warehouse facilities,” said Director Brett Lockwood. “Our client was instrumental in helping this deal transact as there were many variables that needed to be navigated which led to this lease coming together quickly and successfully.”

1161 Olympic Drive is a quality freestanding building situated on ±4.8 acres and features 20 dock high loading doors. The property is conveniently located off Interstate 15 near the confluence of SR 91 and is proximate to the extensive freeway network traversing the entire Greater Los Angeles region and into other major markets in and out of state.

According to Cushman & Wakefield’s latest Q2-2023 quarterly report, the Inland Empire industrial market posted an overall vacancy of 3.4% and has recorded more than 2.7 million square feet of positive net absorption through the first half of 2023.

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