Scott G. Seidman, OSB No. 833209
`Direct Dial: (503) 802-2021
`Direct Fax: (503) 972-3721
`Email: scott.seidman@tonkon.com
`Jon P. Stride, OSB No. 903887
`Direct Dial: (503) 802-2034
`Email: jon.stride@tonkon.com
`Eric C. Beach, OSB No. 105783
`Direct Dial: (503) 802-2182
`Email: eric.beach@tonkon.com
`TONKON TORP LLP
`888 SW Fifth Avenue, Suite 1600
`Portland, OR 97204
`
`B. Trent Webb (pro hac vice)
`Aaron Hankel (pro hac vice)
`Beth Larigan (pro hac vice)
`Ryan Schletzbaum (pro hac vice)
`Lauren Douville (pro hac vice)
`Colman McCarthy (pro hac vice)
`Telephone: (816) 474-6550
`Fax: (816) 421-5547
`SHOOK, HARDY & BACON L.L.P.
`2555 Grand Boulevard
`Kansas City, Missouri 64108-2613
`Attorneys for Plaintiffs
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF OREGON
`PORTLAND DIVISION
`
`Garmin Switzerland GmbH; and
`Garmin Corporation,
`Plaintiffs,
`v.
`FLIR Systems, Inc. and FLIR Maritime
`US, Inc. (f/k/a Raymarine, Inc.),
`Defendants.
`
`Case No. 3:17-cv-01147-SB
`
`GARMIN’S DISCLOSURE OF ASSERTED
`CLAIMS AND PRELIMINARY
`INFRINGEMENT CONTENTIONS
`
`1
`
`EXHIBIT 1026.001
`
`

`

`Pursuant to the parties’ Proposed Case Schedule (Dkt. 51), Plaintiffs Garmin Switzerland
`
`GmbH and Garmin Corporation (collectively “Garmin”) hereby provide the following Disclosure
`
`of Asserted Claims and Preliminary Infringement Contentions (“Preliminary Infringement
`
`Contentions”) with respect to FLIR Systems, Inc. and FLIR Maritime US, Inc.1 as well as the
`
`below described document production.
`
`These Preliminary Infringement Contentions
`
`are based on Garmin’s
`
`current
`
`understanding of the scope of the Asserted Claims and on Garmin’s current understanding of
`
`Defendants’ methods, software, and systems for providing Autorouting, Easy Routing, Dock-To-
`
`Dock Autorouting functionality,2 as well as Defendants’ Track-To-Route functionality.
`
`Discovery in this case has just commenced, and thus far there have been no documents,
`
`depositions, or other written discovery from Defendants regarding its methods, software, and
`
`systems. Garmin thus provides these Preliminary Infringement Contentions without prejudice to
`
`Garmin’s rights to amend, modify, and/or supplement
`
`these Contentions as Garmin’s
`
`investigations and this case proceed, after Defendants serve their Preliminary Invalidity
`
`Contentions, and/or after the parties’ disputes (if any) with respect to the construction of claim
`
`language are resolved. See, e.g., Dkt. 51.
`
`Identification of Asserted Claims
`
`Based on Garmin’s current understanding of the scope of the Asserted Claims and on
`
`Garmin’s current understanding of Defendants’ methods, software, and systems for providing
`
`Autorouting, Easy Routing, Dock-To-Dock Autorouting functionality, as well as Defendants’
`
`Track-To-Route functionality, Garmin presently asserts the following claims against Defendants:
`
`1 Collectively, “Defendants.”
`2 With respect to the accused Autorouting, Easy Routing, Dock-To-Dock Autorouting functionalities associated with certain
`compatible cartography, as set forth herein, Garmin further identifies its allegations of infringement set forth in its Garmin’s First
`Amended Disclosure of Asserted Claims and Infringement Contentions (May 17, 2017) in Garmin Switzerland GmbH and
`Garmin Corp. v. Navico, Inc., C-MAP USA, Inc., and C-MAP/Commercial, Ltd., Case No. 16-2706 (D.Kan.), attached as Exhibit
`1 which is hereby incorporated by reference.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 2 of 7)
`
`EXHIBIT 1026.002
`
`

`

` Claims 1, 2, 3, 4, 6, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28, 29, 41,
`42, 43, 44, and 45 of U.S. Patent No. 7,268,703 under 35 U.S.C. § 271(a) (e.g.,
`“whoever without authority ... uses ... within the United States any patented invention
`... infringes the patent”), (b), (c) and/or (f); and
`
` Claims 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of U.S. Patent No. 6,459,987 under 35
`U.S.C. § 271(a) (e.g., “makes, uses, offers to sell, or sells any patented invention...
`within the United States any patented invention ... infringes the patent”), (b), and/or
`(c).
`
`Garmin reserves the right to amend, modify, and/or supplement the Asserted Claims as
`
`Garmin’s investigations and this case proceed, after Defendants serve their Preliminary
`
`Invalidity Contentions, and/or after the parties’ disputes (if any) with respect to the construction
`
`of claim language are resolved. See, e.g., Dkt. 51.
`
`Identification of Accused Instrumentalities
`
`Garmin’s identification of Accused Instrumentalities is based on the information
`
`presently available to it and, for that reason, should not be construed to limit or exclude products,
`
`software, or accessories (or other Accused Instrumentalities) that operate in the same or
`
`substantially similar manner to the identified products with respect to the accused functions and
`
`features. Based on Garmin’s current understanding of the scope of the Asserted Claims and on
`
`Garmin’s current understanding of Defendants’ methods, software, and systems for providing
`
`Autorouting, Easy Routing, Dock-To-Dock Autorouting functionality, as well as Defendants’
`
`Track-To-Route functionality, Defendants’ infringing Accused Instrumentalities include:
`
`Patent
`
`U.S. Patent No.
`7,268,703
`
`Accused Instrumentalities of Which Garmin Is Presently Aware
`Defendants’ Raymarine-branded Multi-Function Display (“MFD”) electronic
`marine navigation devices/accessories, as well as Raymarine software that
`embody, enable and facilitate infringing use (e.g., as used by Defendants’
`directors, agents, employees, and retailers, as well as Defendants’ intended
`customers and/or end-users as described and encouraged by Defendants in
`Defendants’ literature), and/or comprise material, non-staple components
`lacking substantial non-infringing uses, knowingly and especially made or
`adapted for use in an infringement of the ‘703 Patent, all through Autorouting,
`Easy Routing, or Dock-To-Dock Autorouting functionality.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 3 of 7)
`
`EXHIBIT 1026.003
`
`

`

`Patent
`
`Accused Instrumentalities of Which Garmin Is Presently Aware
`The Defendants’ Accused Instrumentalities include, but are not limited to, at
`least
`the following electronic marine navigation devices,
`associated
`accessories, and/or associated software:
`
` Raymarine-branded MFDs, including, but not limited to, at least the
`following: aSeries (e.g., a65, a65 WiFi, a67, a67 WiFi, a68, a68 WiFi,
`a75, a75 WiFi, a77, a77 WiFi, a78, a78 WiFi, a95, a97, a98, a125, a127,
`a128), cSeries (e.g., c95, c97, c125, c127), eSeries (e.g., e7, e7D, e95,
`e97, e125, e127, e165), eS Series (e.g., eS75, eS77, eS78, eS97, eS98,
`eS127, eS128), gS Series (e.g., gS95, gS125, gS165, gS195), Axiom
`(e.g., Axiom 7, Axiom 9, Axiom 12) and Axiom Pro (e.g., Axiom Pro 9,
`Axiom Pro 12, Axiom Pro 16);
`
` Software versions made and distributed, including software supplied by
`Defendants from the United States, for use with the above-described
`Raymarine-branded MFDs along with compatible cartography3 (e.g.,
`Navionics
`and
`Jeppesen/C-MAP
`cartography
`cartridges)
`for
`Autorouting, Easy Routing,
`and/or Dock-to-Dock Autorouting,
`including, but not limited to, at least the following: Lighthouse II
`Operating System software version 14, 15, 16, 17 and 19, as well as any
`others that enabled Dock-to-Dock Autorouting, Autorouting, or Easy
`Routing functions in the same or substantially similar way; Lighthouse
`III Operating System software version 3.2 as well as any others that
`enabled Dock-to-Dock Autorouting, Autorouting, or Easy Routing
`functions in the same or substantially similar way;4
`Defendants’ Raymarine-branded electronic navigation devices and marine
`navigation accessories that embody, enable and facilitate infringing use (e.g.,
`as used by Defendants’ directors, agents, employees, and retailers, as well as
`Defendants’
`intended customers
`and/or
`end-users
`as described and
`encouraged by Defendants in Defendants’ literature) of Defendants’ Track-
`To-Route and other similar or substantially similar techniques for creating a
`backtrack from a subset of points travelled during forward path navigation.
`
`The Defendants’ Accused Instrumentalities include, but are not limited to, at
`least the following electronic navigation devices and associated methods of
`intended use/operation:
`
`U.S. Patent No.
`6,459,987
`
`3 Compatible cartography has the same meaning as used by Defendants in their product literature, e.g., Jeppesen CMAP 4D
`MAX, Jeppesen CMAP 4D MAX+, Navionics+, Navionics Platinum, Navionics HotMaps Platinum and other similarly
`cartography associated with Autorouting, Easy Route, and/or Dock-To-Dock Autorouting.
`4 Garmin thus accuses all software versions made, used, sold, offered for sale, or supplied from the United States that enable
`Autorouting, Easy Routing, and/or Dock-To-Dock Autorouting, including potential later iterations of the identified software.
`Garmin further specifically identifies the following non-limiting, exemplary listing of various specific releases identified by
`Garmin to date based on publicly-available materials: Lighthouse II v14.46 released on or around May 2015, Lighthouse II
`v17.45 released on or around May 2016, Lighthouse II v19.03 released on or around April 2017, and Lighthouse III v3.2.86
`released on or around September 2017.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 4 of 7)
`
`EXHIBIT 1026.004
`
`

`

`Patent
`
`Accused Instrumentalities of Which Garmin Is Presently Aware
` Raymarine-branded marine electronic navigation devices, made, used,
`sold, offered for sale, or imported into the United States since July 2011,
`including, on information and below, at least the following:
`o Axiom (e.g., Axiom 7, Axiom 9, Axiom 12)
`o Axiom Pro (e.g., Axiom Pro 9, Axiom Pro 12, Axiom Pro 16)
`o aSeries (e.g., a65, a65 WiFi, a67, a67 WiFi, a68, a68 WiFi, a75, a75
`WiFi, a77, a77 WiFi, a78, a78 WiFi, a95, a97, a98, a125, a127, a128)
`o aSeries Classic (e.g., A50, A50D, A57D, A60, A70, A70D)
`o cSeries (e.g., c95, c97, c125, c127)
`o cSeries Classic (e.g., C70, C80, C120)
`o cSeries Widescreen (e.g., C90W, C120W, C140W)
`o eS Series (e.g., eS75, eS77, eS78, eS97, eS98, eS127, eS128)
`o eSeries (e.g., e7, e7D, e95, e97, e125, e127, e165)
`o eSeries Classic (e.g., E80, E120)
`o eSeries Widescreen (e.g., E90W, E120W, E140W)
`o gS Series (e.g., gS95, gS125, gS165, gS195)
`
`Garmin reserves the right to amend, modify, and/or supplement the Accused Instrumentalities as
`
`Garmin’s investigations and this case proceed, after Defendants serve their Preliminary
`
`Invalidity Contentions, and/or after the parties’ disputes (if any) with respect to the construction
`
`of claim language are resolved. See, e.g., Dkt. 51.
`
`Claim Charts
`
`Based on Garmin’s current understanding of the scope of the Asserted Claims and on
`
`Garmin’s current understanding of Defendants’ methods, software, and systems for providing
`
`Autorouting, Easy Routing, Dock-To-Dock Autorouting functionality, as well as Defendants’
`
`Track-To-Route functionality, Garmin provides the attached charts providing exemplary
`
`identifications of where each limitation of each Asserted Claim may be found within each
`
`Accused Instrumentality:5
`
`Attachment
`A
`B
`
`Chart Identifying Exemplary Infringements
`Raymarine-branded Accused Instrumentalities for ‘703 Patent
`Raymarine-branded Accused Instrumentalities for ‘987 Patent
`
`5 As mentioned above, see fn. 2, Garmin further refers Defendant to Exhibit 1 for additional details regarding the infringing
`Autorouting, Easy Routing, Dock-To-Dock Autorouting functionalities associated with certain compatible cartography.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 5 of 7)
`
`EXHIBIT 1026.005
`
`

`

`Garmin reserves the right to amend, modify, and/or supplement the Accused Instrumentalities as
`
`Garmin’s investigations and this case proceed, after Defendants serve their Preliminary
`
`Invalidity Contentions, and/or after the parties’ disputes (if any) with respect to the construction
`
`of claim language are resolved. See, e.g., Dkt. 51.
`
`Doctrine of Equivalents
`
`Garmin is informed, and thus reasonably believes, that all claims of both patents have
`
`been, and will continue to be, literally infringed for the reasons set forth in Attachments A and B.
`
`As shown in the Attachments, each element of each Asserted Claim is literally present in each of
`
`the Accused Instrumentalities. To the extent any particular limitation is construed in a manner
`
`inconsistent with the plain and ordinary meaning of the various claim limitations, or any element
`
`is found not to be literally present, Garmin contends that any alleged distinctions between the
`
`claims and Accused Instrumentalities are insubstantial in view of the function, way, and result of
`
`each Defendants’ Accused Instrumentality, and further that any such differences would have
`
`been known to, and appreciated by, those having ordinary skill in the art as insubstantial at the
`
`time of first infringement. Garmin reserves its rights to amend, modify, and/or supplement its
`
`disclosure under any Scheduling Orders issued by the Court, any Markman decisions in this or
`
`any other case, as well as based on Garmin’s on-going investigations and discovery.
`
`For example, the Accused Instrumentalities literally infringe the Asserted Claims because
`
`users can input conditions related to the boat, such as the “minimum safe depth,” “minimum safe
`
`beam,” and “minimum safe height.” See, e.g., Dkt. 1 at ¶¶ 81-86. By inputting user-identified
`
`parameters associated with, as examples, the “minimum safe depth,” “minimum safe beam,” and
`
`“minimum safe height,” the Accused Instrumentalities literally infringe, as discussed in
`
`Garmin’s attachments hereto.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 6 of 7)
`
`EXHIBIT 1026.006
`
`

`

`To the extent Defendants argue that the ‘703 Patent is limited to, or otherwise excludes from its
`
`scope, receiving parameters associated with preselected conditions, Garmin contends any such
`
`difference is insubstantial and accomplishes the same function, in a similar way, to achieve the
`
`same result such that it is infringing under the Doctrine of Equivalents. For example, in order to
`
`use the accused routing functions, the Accused Instrumentalities require, by design, input of at
`
`least boat draught information from the user. Thus, the “minimum safe depth” condition is
`
`selected by the user through input of the boat draught information by the user, and any alleged
`
`difference is at best insubstantial and accomplishes the same function (receiving an indication of
`
`a preselected condition such as boat draught/water depth) in a similar way (through selection and
`
`input of the preselected condition such as boat draught/water depth from the user) to achieve the
`
`same result (use of the preselected condition such as boat draught/water depth to perform analyze
`
`a course based on cartographic data using marine routing algorithms to identify preselected
`
`conditions on the route and, as warranted, re-route the course through non-user selected
`
`waypoints).
`
`Dated: December 7, 2017
`
`Respectfully submitted,
`
`By: /s/ Aaron Hankel
`
`TONKON TORP LLP
`Eric C. Beach, OSB No. 105783
`Scott G. Seidman, OSB No. 833209
`Jon P. Stride, OSB No. 903887
`
`SHOOK, HARDY & BACON L.L.P.
`Aaron Hankel (pro hac vice)
`B. Trent Webb (pro hac vice)
`Beth Larigan (pro hac vice)
`Ryan Schletzbaum (pro hac vice)
`Lauren Douville (pro hac vice)
`Colman McCarthy (pro hac vice)
`Attorneys for Plaintiffs
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions (Case No. 17-cv-01147)
`
`(Page 7 of 7)
`
`EXHIBIT 1026.007
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and accurate copy of GARMIN’S DISCLOSURE OF
`
`ASSERTED CLAIMS AND PRELIMINARY INFRINGEMENT CONTENTIONS was
`
`electronically served on counsel of record on December 7, 2017.
`
`/s/ Dana E. Hardy
`Dana E. Hardy
`On behalf of attorneys for Plaintiffs
`
`EXHIBIT 1026.008
`
`

`

`ATTACHMENT A
`ATTACHMENT A
`
`EXHIBIT 1026.009
`
`EXHIBIT 1026.009
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`As shown below, the Raymarine Accused Instrumentalities are used by Raymarine’s employees, agents, and/or
`directors, as well as Raymarine’s intended and encouraged consumers and end-users, to perform infringing acts of
`marine navigation, as detailed herein and supported by at least the following:1
`
`Raymarine Accused Instrumentalities including Multifunction Displays (“MFD”), Lighthouse II and Lighthouse III
`Operating System With “Compatible Cartography”2
`
`1. A method for marine
`navigation, comprising:
`
`Exhibit A1 at 145.
`
`1 As shown through Attachment A, multiple Raymarine Accused Instrumentalities have, on information and belief, the same relevant infringing characteristics and, as such, are all grouped together in Attachment A,
`including with respect to various specifically discussed characteristics herein.
`2 “Compatible Cartography” as identified in Attachment A includes, without limitation, certain memory accessory devices branded by Navionics (e.g., Navionics+, Navionics Platinum, and Navionics HotMaps
`Platinum) and C-MAP (e.g., CMAP MAX-N+) and other similar memory accessory devices associated with Autorouting, Easy Routing , and/or Dock-to-Dock Autorouting functionality or functionality similar thereto.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 1 of 104)
`
`EXHIBIT 1026.010
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 146.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 2 of 104)
`
`EXHIBIT 1026.011
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A2 at 1.
`See also, http://www.raymarine.com/view/?id=8291.
`
`Exhibit A3 at 1.
`See also, http://www.raymarine.com/view/blog/news/details/?ID=17375.
`
`“So, dock-to-dock what that allows the boater to do is plan a route automatically no matter where their boat is,
`whether it’s in a marina, a restaurant or right at their home dock. They can enter in a waypoint and their final
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 3 of 104)
`
`EXHIBIT 1026.012
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`destination and dock-to-dock autorouting automatically builds that route based on your draft, your beam and your
`height and lets you know of any obstructions and buoys along the way.”
`https://www.youtube.com/watch?v=vundU5nFohs at 0:20.
`
`“It’s going to build a route for us automatically based on our boat settings.”
`https://www.youtube.com/watch?v=vundU5nFohs at 1:12.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 4 of 104)
`
`EXHIBIT 1026.013
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A4 at 1.
`See also, http://www.sailmagazine.com/gear/pittman-innovation-awards/2016-pittman-innovation-awards/navionics-
`dockck-autorouting/.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 5 of 104)
`
`EXHIBIT 1026.014
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A5 at 3.
`See also, http://lightmarine.c-map.com/chart-plotters/c-map-4d.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 6 of 104)
`
`EXHIBIT 1026.015
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A6 at 1-2.
`See also, http://www.raymarine.com/view/?id=12277.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 7 of 104)
`
`EXHIBIT 1026.016
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`The Raymarine Accused Instrumentalities are used by Raymarine’s employees, agents, and/or directors, as well as
`Raymarine’s intended and encouraged consumers and end-users, to perform infringing acts of marine navigation,
`including receiving preselected condition(s) from a user such as marine vessel route conditions determined in
`advance of the route calculation, as further detailed below. The preselected conditions from the user include, for
`example only, “boat details” such as minimum safe depth, minimum safe beam and minimum safe height.
`
`Raymarine Accused Instrumentalities including Multifunction Displays (“MFD”), Lighthouse II and Lighthouse III
`Operating System With “Compatible Cartography”
`
`1(a). receiving one or more
`preselected
`conditions
`from a user;
`
`Screenshot of a Raymarine a78 MFD receving minimum safe depth, minimum safe beam and minimum safe height
`in advance of marine route calculation.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 8 of 104)
`
`EXHIBIT 1026.017
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 36.
`
`Exhibit A1 at 37.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 9 of 104)
`
`EXHIBIT 1026.018
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 37.
`
`Exhibit A1 at 37.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 10 of 104)
`
`EXHIBIT 1026.019
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 59.
`
`Exhibit A1 at 144.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 11 of 104)
`
`EXHIBIT 1026.020
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A3 at 1.
`See also, http://www.raymarine.com/view/blog/news/details/?ID=17375.
`
`“So, dock-to-dock what that allows the boater to do is plan a route automatically no matter where their boat is,
`whether it’s in a marina, a restaurant or right at their home dock. They can enter in a waypoint and their final
`destination and dock-to-dock autorouting automatically builds that route based on your draft, your beam and your
`height and lets you know of any obstructions and buoys along the way.”
`https://www.youtube.com/watch?v=vundU5nFohs at 0:20.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 12 of 104)
`
`EXHIBIT 1026.021
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A4 at 1.
`See also, http://www.sailmagazine.com/gear/pittman-innovation-awards/2016-pittman-innovation-awards/navionics-
`dockck-autorouting/.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 13 of 104)
`
`EXHIBIT 1026.022
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A5 at 3.
`See also, http://lightmarine.c-map.com/chart-plotters/c-map-4d.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 14 of 104)
`
`EXHIBIT 1026.023
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A6 at 1-2.
`See also, http://www.raymarine.com/view/?id=12277.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 15 of 104)
`
`EXHIBIT 1026.024
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`The Raymarine Accused Instrumentalities are used by Raymarine’s employees, agents, and/or directors, as well as
`Raymarine’s intended and encouraged consumers and end-users, to perform infringing acts of marine navigation,
`including identifying a waypoint in response to a user selection (e.g., a potential destination waypoint), as further
`detailed below.
`
`Raymarine Accused Instrumentalities including Multifunction Displays (“MFD”), Lighthouse II and Lighthouse III
`Operating System With “Compatible Cartography”
`For example, Raymarine a78 MFD identifies an endpoint (e.g., “a potential waypoint”) by receiving user input via a
`touchscreen.
`
`1(b). identifying a potential
`waypoint; and
`
`Screenshot of a Raymarine a78 MFD, using Navionics HotMaps Platinum South card, showing a potential waypoint.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 16 of 104)
`
`EXHIBIT 1026.025
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Screenshot of a Raymarine a78 MFD, using C-MAP 4D Max+ US Rivers card, showing a potential waypoint.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 17 of 104)
`
`EXHIBIT 1026.026
`
`

`

`U.S. Patent No. 7,268,703
`
`Exhibit A1 at 145.
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A3 at 1.
`See also, http://www.raymarine.com/view/blog/news/details/?ID=17375.
`
`“So, dock-to-dock what that allows the boater to do is plan a route automatically no matter where their boat is,
`whether it’s in a marina, a restaurant or right at their home dock. They can enter in a waypoint and their final
`destination and dock-to-dock autorouting automatically builds that route based on your draft, your beam and your
`height and lets you know of any obstructions and buoys along the way.”
`https://www.youtube.com/watch?v=vundU5nFohs at 0:20.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 18 of 104)
`
`EXHIBIT 1026.027
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`“Then we’re going to zoom out and decide where our end destination is.”
`https://www.youtube.com/watch?v=vundU5nFohs at 1:05.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 19 of 104)
`
`EXHIBIT 1026.028
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A4 at 1.
`See also, http://www.sailmagazine.com/gear/pittman-innovation-awards/2016-pittman-innovation-awards/navionics-
`dockck-autorouting/.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 20 of 104)
`
`EXHIBIT 1026.029
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A6 at 1-2.
`See also, http://www.raymarine.com/view/?id=12277.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 21 of 104)
`
`EXHIBIT 1026.030
`
`

`

`Raymarine Infringements and Accused Instrumentalities
`The Raymarine Accused Instrumentalities are used by Raymarine’s employees, agents, and/or directors, as well as
`Raymarine’s intended and encouraged consumers and end-users, to perform infringing acts of marine navigation,
`including performing a marine route calculation algorithm to route a course between a first location and the potential
`waypoint avoiding the preselected conditions, including analyzing cartographic data between the first location and
`the potential waypoint and re-routing the course to avoid the preselected conditions by identifying one or more non-
`user selected waypoints, as further detailed below. A course is re-routed along a safe route along one or more
`waypoints that were not selected by the user (e.g., “non-user selected waypoints”).
`
`Raymarine Accused Instrumentalities including Multifunction Displays (“MFD”), Lighthouse II and Lighthouse III
`Operating System With “Compatible Cartography”
`
`U.S. Patent No. 7,268,703
`
`1(c). performing a marine
`route calculation algorithm
`to route a course between a
`first
`location
`and
`the
`potential
`waypoint
`avoiding the preselected
`conditions,
`including
`analyzing cartographic data
`between the first
`location
`and the potential waypoint
`and re-routing the course to
`avoid
`the
`preselected
`conditions by identifying
`one
`or more
`non-user
`selected waypoints.
`
`Screenshot of a Raymarine a78 MFD, using Navionics HotMaps Platinum South card, showing a first location and
`the potential waypoint.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 22 of 104)
`
`EXHIBIT 1026.031
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Screenshot of a Raymarine a78 MFD, using Navionics HotMaps Platinum South card, showing an autoroute from the
`first location to the potential waypoint through a series of non-user selected waypoints.
`
`Screenshot of a Raymarine a78 MFD, using C-MAP 4D Max+ US Rivers card, showing a first location and the
`potential waypoint.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 23 of 104)
`
`EXHIBIT 1026.032
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Screenshot of a Raymarine a78 MFD, using C-MAP 4D Max+ US Rivers card, showing an autoroute from the first
`location to the potential waypoint through a series of non-user selected waypoints.
`
`Exhibit A1 at 36.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 24 of 104)
`
`EXHIBIT 1026.033
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 37.
`
`Exhibit A1 at 37.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 25 of 104)
`
`EXHIBIT 1026.034
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 37.
`
`Exhibit A1 at 59.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 26 of 104)
`
`EXHIBIT 1026.035
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 144.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 27 of 104)
`
`EXHIBIT 1026.036
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 145.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 28 of 104)
`
`EXHIBIT 1026.037
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 145.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 29 of 104)
`
`EXHIBIT 1026.038
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 146.
`
`Exhibit A1 at 148.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 30 of 104)
`
`EXHIBIT 1026.039
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A1 at 148.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 31 of 104)
`
`EXHIBIT 1026.040
`
`

`

`U.S. Patent No. 7,268,703
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A2 at 1.
`See also, http://www.raymarine.com/view/?id=8291.
`
`Garmin’s Disclosure of Asserted Claims and Preliminary Infringement Contentions
`Attachment A, Raymarine Infringement (‘703 Patent)
`
`(Page 32 of 104)
`
`EXHIBIT 1026.041
`
`

`

`U.S. Patent No. 7,268,703
`
`Exhibit A2 at 2.
`See also, http://www.raymarine.com/view/?id=8291.
`
`Raymarine Infringements and Accused Instrumentalities
`
`Exhibit A2 at 3.
`See also, http://www