Pacing Technologies, LLC v. Garmin International, Inc.
977 F. Supp. 2d 1013
S.D. Cal.2013Background
- This is a patent infringement case involving U.S. Patent No. 8,101,843 and thirteen disputed claim terms, heard June 27, 2013, resulting in claim constructions.
- The '843 patent describes a system and method for pacing repetitive motion activities with customizable audible/visible signals to maintain or reach a pace.
- Pacing Technologies, LLC is the assignee and William D. Turner the inventor; PaceDJ is an iPhone app related to the patent.
- Garmin International, Inc. and Garmin USA, Inc. are accused infringers selling fitness devices that allegedly relate to the tempo/pacing concepts but do not play music or display audible/visible beats.
- The court analyzes intrinsic record guidance first, considers extrinsic evidence if needed, and adopts specific constructions for multiple terms, including tempo, tempo value, sensible tempo, data file, playback device, and related system preambles.
- The decision includes whether preambles are limiting and how they affect the scope of the claimed system for pacing a user.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the proper construction of 'tempo'? | Pacing contends tempo is a rate of periodic activity. | Garmin argues tempo is a continuous beat perceptible to users. | Tempo is a rate of periodic activity. |
| What is the proper construction of 'tempo value' on claims 25, 27, 32? | Tempo value is a number or metric representing tempo. | Tempo value is a number or metric representing a continuous beat. | Tempo value means a number or other metric representing tempo. |
| What is the proper construction of 'sensible tempo' and 'tempo that is sensible to the at least one user'? | Tempo should be perceptible information indicating periodic activity; not limited to senses. | Tempo must be a continuous beat perceptible to the user (see/hear). | Sensible tempo means a perceptible rate of periodic activity; tempo that is sensible to the user means a perceptible rate of periodic activity. |
| Whether 'data file' should have a specialized construction beyond general file data? | Data file reflects the target tempo entered by the user. | Data file is a file containing data that produces a continuous beat. | Data file means a complete, identifiable collection of information that enables a computer to distinguish one set of information from another. |
| Whether preambles to claims 22 and 25 are limiting; what is the construction of 'repetitive motion pacing system' and 'repetitive motion pacing system for pacing a user'‑? | Preamble not necessarily limiting; aims to broader system. | Preamble should be treated as limiting to actual pacing capability. | Preambles are limiting; construed as systems for providing a sensible output to set pace for a user. |
Key Cases Cited
- Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (claims terms construed with intrinsic evidence first)
- Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576 (Fed. Cir. 1996) (intrinsic evidence preferred; where ambiguous, consider extrinsic sources)
- Pitney Bowes v. Hewlett-Packard Co., 182 F.3d 1298 (Fed. Cir. 2002) (preamble can be limiting depending on context)
- Corning Glass Works v. Sumitomo Elec. U.S.A., Inc., 868 F.2d 1251 (Fed. Cir. 1989) (preamble as limitation when necessary to understand invention)