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Can’t find a free copy of the filings, but link to law360.com lists a few patent infringements.
6,013,007 – Athlete’s GPS-based performance monitor
7,088,233 – Personal medical device communication system and method
8,277,377 – Method and apparatus for monitoring exercise with wireless internet connectivity
6,976,958 – Method and apparatus for health and disease management combining patient data monitoring with wireless internet connectivity
Interesting. So, taking the first patent (GPS performance monitor), I don’t now of any GPS performance monitoring devices in that time-frame. The first I think we saw was basically Garmin’s some 5-7 years later. Of course, you don’t have to actually make a device to hold the patent.
In an case, here’s the specifics of that patent:
“A Global Positioning System (GPS) based personal athletic performance monitor for providing an athlete with real-time athletic performance feedback data such as elapsed exercise time, distance covered, average pace, elevation difference, distance to go and/or advice for reaching pre-set targets. The monitor is integrated with an AM/FM/TV personal radio, and the athletic performance feedback is provided through a set of audio headphones using an audio module. The monitor can be connected to an external personal computer via a serial or infrared port for further data storage and long term trend analysis, or to a remote computer via modem, where historical performance data is collected and logically compiled from participating athletes worldwide. Results are then transferred to an Internet web site which displays comparison data representing the relative performances of two or more athletes, provides customized individual training advice and virtual competitions, and an opportunity for advertisers to reach highly well defined potential customers. Geographically and demographically targeted advertising messages are also downloaded to the performance monitor while connected to the remote computer.”
Knowing nothing about patent law, I’d observe the following:
A) Every GPS watch by every company ever made would in theory violate those, as these days that’s super generic
B) Does it have to exactly match the above? For example, there’s no AM/FM radio in Garmin/Fitbit devices. Does that mean it’s no longer a match, or?
C) The patent expired today, which means that Philips was clearly going for in for the kill just before patent expiration.
This one is super interesting.
For the others:
7,088,233 – Personal medical alerting system: I don’t think Garmin’s system would actually meet these requirements, specifically as it’s not two-way. Assuming the violation Philips is going fo here is incident detection, there’s no method for a secondary person to respond back within that framework they discuss. It’s only one-way. They could use a secondary frame work – text messaging – to communicate back to the individual, but that’s not covered by this patent.
8,277,377 – This is super broad, just like the first, and would ultimately impact Apple and every other device maker. The patent doesn’t specifically state that the data has to be forwarded on, just that it connects wirelessly.
6,976,958 – Garmin would easily and accurately argue that they don’t provide ‘health and disease management’, which they’d likely point out would get them in hot water with the FDA. Though again, would think Apple and many others would get tangled up here.
I guess this ultimately goes back to just how broken the patent system really is for technology. Ultimately keen to see where this all goes. Also of note is that some of these weren’t original Philips patents, but ones they’ve bought.
phillips have a whole new generation of ohr sensor since the mio products (apparently). I’m digging here as well.
Instabeat uses the new Phips FWIW.
I regularly cycle with a few tech patent lawyers … you know my email.
For those interested, a DCR reader and legal peep has dug up both filings. I’ve attached them below:
Fitbit suit: link to dcrainmaker.com
Garmin suit: link to dcrainmaker.com
RE: Philips sensor
Yeah, they talked about that new sensor last time I chatted with them, though, that was a couple years ago. I honestly haven’t heard any rumblings in the industry of anyone looking at their wares lately though. Last I heard (a while back) the offering they had wasn’t viable for 24×7 type HR monitoring from a battery life standpoint in a wearable while also having the accuracy required for sport. Basically, same issue Mio had in trying to sub-license their tech. Was great for sport, but that same sensor not viable battery wise the rest of the day.
But, maybe things have changed since then.
Looking at link to inquartik.com, you have to find it in the list page 12 currently, they do list a couple of prior art for 2 of the patents which may well help invalidate them but I am not a lawyer. Can’t see any details from that site either. I would sign up for pacer to be able to track the cases but I’m too cheap to pay for the 10 cents a page for what should be public records.
The first link was for the Fitbit case which is a separate case, Garmin in California and Fitbit in Massachusetts, so there might be a difference between the patent sets. Will be interesting if both courts decide a differing opinion though.
Interesting.
I would think for the first patent, Fitbit and Garmin would basically be in the same camp. For the 2nd patent (two-way medical), I don’t see anything Fitbit has that even remotely puts them in that camp. For the 3rd patent (wireless connectivity), oddly enough, Fitbit’s insistence on not supporting wireless sensors should cover them here too. Plus, they don’t send any data wirelessly to the internet in realtime. For the last one (patient management), Fitbit would actually be in more of a pickle here than Garmin, since they have been specifically courting the FDA around patient management.
Can we interest Intel in Limits? That could put them out of their misery for once and for all (albeit with Gordon and cronies getting some cash out of the deal).
Ray, will you be looking at or have you looked at the new line of updated Lezyne gps computers announced recently? like the Lezyne Super Pro gps computer
Likely. We were set to have a call on Friday afternoon, then we needed to reschedule it. Probably today sometime.
There is also a new firmware update out for the current CycleOps trainers, although from Facebook it seems that some people are having issues installing it.
From the Release Notes page:
31.058, released July 18, 2019
Improves conditions for sustained high power, such as temperature protection.
Added a rolling resistance range limit for some training apps.
Good call, forgot about that one!
Yeah, the basics gist of that one is that it does away with the power spikes found that the Hammer 1/2 created that some Zwifters loved.
link to cycleops.com
Darn, no more Kittel-esque 1500W sprints for me then, at the back of B category :)
31.059 is out now. Also with a ton of issues with their app and stability on IOS. And the Android version they link to on their site is MIA. It’s a frickin’ mess. So not worth covering until those issues are sorted. The upside is the power numbers in sprints look sorted.