TechIPm Research

1. 1
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
Post-Smartphone (Wearables & IoT Devices) Patent Wars: Current Status
Party/Product/Case/PTAB Litigated Patent Infringement
Plaintiff: Masa LLC (NPE)
Defendant: Apple
iWatch
Missouri Eastern District Court
(Case No. 4:15-cv-889; June 5,
2015)
US8519834 (Wrist wound vibrating device):
A method for alerting a user of a received
electronic signal includes coupling an
electronic receiver within a wrist wound
vibrating device, coupling a vibrating unit to
the electronic receiver, and coupling a display
panel to the electronic receiver. The method
also includes receiving the electronic signal in
the electronic receiver from a cell phone
transmitter, actuating the vibrating unit in
response to the received electronic signal to
alert the user of the electronic signal, and
displaying a message in the display panel of
the wrist wound vibrating device to notify the
user of the electronic signal.
The Apple Watch
Products can alert a user
to the received electronic
signal by creating a
vibration on the user’s
wrist. The Apple Watch
Products can also receive
electronic signals and
send notifications to a user
regarding, among other
things, date, time,
calendar appointments,
reminders, and emails.
Thus, Apple Watch
Products have the same

2. 2
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
features claimed in the
‘834 patent. Apple’s
customers and end-users
of the Apple Watch
Products also perform the
same
methods claimed in the
‘834 patent.
Plaintiff: AliphCom
(Jawbone)/BodyMedia
Defendant: Fitbit
Aria/One/Flex/Charge
HR/Zip/Surge/Charge
US8446275 (General health and wellness
management method and apparatus for a
wellness application using data from a data-
capable band): General health and wellness
management techniques and devices are
configured for use with a data-capable
personal worn or carried device. In one
embodiment, a method receiving data
representing a profile upon which a target
score is established based on one or more
Fitbit has infringed and
continues to infringe one
or more claims of the
infringed patents by its
making, manufacture, use,
sale, importation, or offer
for sale of its wearable
fitness tracker devices.
Fitbit knowingly induces

3. 3
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
California Northern District Court
(Case No. 3:15-cv-2579; June 10,
2015)
health-related activities, and acquiring data
representing one or more subsets of acquired
parameters based on, for example, one or more
sensors disposed in a wearable computing
device. The method can include determining
data representing values for the one or more
subsets of the acquired parameters based on
reference values for the parameters set forth in
the profile and calculating at a first processor a
score based on data representing the values.
The score represents an attained portion of the
one or more health-related activities. In some
cases, the method includes causing
presentation of a representation of the score
relative to the target score.
US8073707 (System for detecting,
monitoring, and reporting an individual's
physiological or contextual status): The
others to perform steps
that infringe claims of the
infringed patents
Fitbit is liable for
contributory infringement
because it offers to sell or
sells within the United
States or imports into the
United States wearable
fitness tracker devices.

4. 4
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
invention is a system for detecting, monitoring,
and reporting an individual's physiological or
contextual status. The system works deriving a
physiological or contextual status parameter of
an individual using the system. The derivation
utilizes two sensed parameters of the
individual. The system is able to present the
derived parameter in relation to any other
sensed parameters, entered information, life
activities data, or other derived data.
US8398546 (System for monitoring and
managing body weight and other
physiological conditions including iterative
and personalized planning, intervention and
reporting capability): A nutrition and activity
management system is disclosed that monitors
energy expenditure of an individual through
the use of a body-mounted sensing apparatus.

5. 5
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
The apparatus is particularly adapted for
continuous wear. The system is also adaptable
or applicable to measuring a number of other
physiological parameters and reporting the
same and derivations of such parameters. A
weight management embodiment is directed to
achieving an optimum or preselected energy
balance between calories consumed and energy
expended by the user. An adaptable
computerized nutritional tracking system is
utilized to obtain data regarding food
consumed, Relevant and predictive feedback is
provided to the user regarding the mutual
effect of the user's energy expenditure, food
consumption and other measured or derived or
manually input physiological contextual
parameters upon progress toward said goal.
Plaintiff: Sarvint Technologies US6381482 (Fabric or garment with Defendants have directly

6. 6
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
(NPE)
Defendant: Athos Works/ Carre
Technologies/ Victoria's Secret
Stores/ Sensoria/ Ralph Lauren/
OMSignal/ Adidas
Athos Gear with Biosignal
monitoring seamlessly built into
performance apparel/ Smart Shirt/
Heartrate Monitor Compatible Sport
Bra/ Sensoria Fitness T-Shirt/ Polo
Tech Shirt/ Adventure fitness long
sleeve shirt/ Smart Shirt
integrated flexible information
infrastructure): A fabric, in the form of a
woven or knitted fabric or garment, including a
flexible information infrastructure integrated
within the fabric for collecting, processing,
transmitting and receiving information
concerning—but not limited to—a wearer of
the fabric. The fabric allows a new way to
customize information processing devices to
“fit” the wearer by selecting and plugging in
(or removing) chips/sensors from the fabric
thus creating a wearable, mobile information
infrastructure that can operate in a stand-alone
or networked mode. The fabric can be
provided with sensors for monitoring physical
aspects of the wearer, for example body vital
signs, such as heart rate, EKG, pulse,
respiration rate, temperature, voice, and
allergic reaction, as well as penetration of the
infringed and continues to
directly infringe one or
more claims of the
infringed patents
including at least claim 1,
by among other things
making, using,
offering for sale and/or
selling the infringing
products.
Defendants
have, and continues to,
indirectly infringe one or
more claims of the
infringed patents by
inducing direct
infringement by users.

7. 7
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
Georgia Northern District Court
(Case No. 1:15-cv-00069 - 74;
January 9, 2015)
fabric. The fabric consists of a base fabric
(“comfort component”), and an information
infrastructure component which can consist of
a penetration detection component, or an
electrical conductive component, or both. The
preferred penetration detection component is a
sheathed optical fiber. The information
infrastructure component can include, in
addition to an electrically conductive textile
yarn, a sensor or a connector for a sensor. A
process is provided for making an electrical
interconnection between intersecting
electrically conductive yarns. Furthermore, a
process is established for sheathing the plastic
optical fiber and protecting it.
US6970731 (Fabric-based sensor for
monitoring vital signs): The present invention
comprises a fabric-based sensor for monitoring
Defendants
have, and continue to,
indirectly infringe one or
more claims of the
infringed patents by
contributing to the direct
infringement of users.

8. 8
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
vital signs or other electrical impulses of a
subject. The sensor is woven or knitted from
conductive fibers and, when in contact with the
body, receives signals from the wearer and
transmits them to a processing or monitoring
device through a data-output terminal. The
sensor may be integrated into the fabric of a
garment or used independently as a conductive
patch. Additionally, the sensor may provide bi-
directional communication by both monitoring
electrical impulses and sending them.
Plaintiff: Adidas
Defendant: Under Armour
Armour39 chest
strap/MapMyRide/MapMyFitness/H
eart Rate Moniter/Armour39
watch/Armour39
module/MapMyFitness/MapMyDog
US7292867 (Location-aware fitness training
device, methods, and program products that
support real-time interactive
communication and automated route
generation): A portable fitness device includes
a global positioning system (GPS) receiver that
receives GPS signals, a wireless wide-area
Defendant directly
infringes, literally or
under the doctrine of
equivalents, one or more
claims of the infringed
patents by, without
authority, making, using,

9. 9
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
walk
Delaware District Court (Case No.
1:14-cv-00130; Feb. 4, 2014)
PTAB (IPR2015-00694 - 700; Feb.
5, 2015)
network transmitter supporting communication
over-the-air to a wireless communication
network, and a processing unit coupled to the
GPS receiver and the wireless wide-area
network transmitter. The processing unit
receives the time-stamped waypoints from the
GPS receiver and determines athletic
performance information and route
information from the time-stamped waypoints.
The processing unit further outputs at least one
of the athletic performance information and the
route information to the wireless
communication network during a human
fitness activity via the wireless wide-area
network transmitter.
US7805149 (Location-aware fitness training
device, methods, and program products that
support real-time interactive
communication and automated route
importing, selling, or
offering to sell the
Accused Products and
Services within the United
States.
Defendant indirectly
infringes the infringed
patents within the United
States by inducement.
Defendant indirectly
infringes the infringed
patent by contributing to
the direct infringement of
end users.

10. 10
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
generation)
US7941160 (Location-aware fitness training
device, methods, and program products that
support real-time interactive
communication and automated route
generation)
US7957752 (Location-aware fitness training
device, methods, and program products that
support real-time interactive
communication and automated route
generation)
US8068858 (Methods and computer
program products for providing
information about a user during a physical
activity)
US7244226 (Methods for making
therapeutic elements for implantation into
patient tissue)
7905815 (Personal data collection systems
and methods)
US7931562 (Mobile data logging systems
and methods)

11. 11
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
US8092345 (Systems and methods for a
portable electronic journal)
US8579767 (Performance monitoring
apparatuses, methods, and computer
program products)
Plaintiff: Allure Energy
Defendant: Honeywell
Lyric™ thermostat system
Texas Western District Court (Case
No. 1:15-cv-00079; January 29,
2015)
PTAB (IPR2015-01253; May 22,
US8626344/US8457797 (Energy
management system and method):
According to an aspect of the disclosure, an
energy management apparatus for a home
energy management system and method
includes a processor operable to manage
energy use at a site. The processor is
configured to convert an incoming message
received from a wireless energy network into
XML enabled output data and format an
outgoing message to be output to the wireless
energy network using XML enabled input data.
A communication interface is configured to
Honeywell has directly
and/or indirectly infringed
(by inducement and/or
contributory
infringement), and is
continuing to infringe,
directly and/or indirectly,
one or more claims of the
infringed patents.

12. 12
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
2015) enable access to a communication device
having access to the wireless energy network,
wherein the communication interface is further
configured to detect the outgoing message
formatted by the processor to be output using
the wireless energy network; configure the
outgoing message to a message bus format,
detect the incoming message received from the
wireless energy network, and convert the
incoming message from the message bus
format to access the incoming network device
data.
Plaintiff: Allure Energy
Defendant: Nest Labs.
Learning thermostat
US8442695 (Auto-adaptable energy
management apparatus): According to an
aspect of the disclosure, an apparatus includes
a processor operable to manage energy use at a
site wherein the processor is configured to
detect a user interaction with the apparatus and
create a personalized schedule automatically in
Nest Labs has been and is
currently infringing,
actively inducing others to
infringe, and/or
contributing to the
infringement of, the '695
Patent in violation by

13. 13
©2015 TechIPm, LLC All Rights Reserved http://www.techipm.com/
Texas Eastern District Court (Case
No. 9:13-cv-00102; May 14, 2013)
PTAB (IPR2014-01423; Aug. 29,
2014)
response to the user interaction. The apparatus
can also include a first profile accessible to the
processor, wherein the first profile includes a
first personalized schedule, and a second
profile accessible to the processor, wherein the
second profile is different from the first profile
and includes a second personalized schedule.
In addition, the processor can be configured to
determine when to use the first profile or the
second profile, initiate an outgoing message
using the first or second personalized schedule,
and update the first or second profile in
response to a user interaction with an interface
of the apparatus during use of the first or
second personalized schedule.
making, using, selling,
and/or offering for sale, or
causing or inducing others
to infringe the same in
connection with at least its
Nest Learning
Thermostat.
For more information, please contact Alex Lee at alexglee@techipm.com.