Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 1 of 16
`
`EXHIBIT C
`
`To Plaintiff’s Original Complaint
`
`LoganTree LP v. Garmin International, Inc., et al.
`United States District Court for the District of Kansas
`
`IPR2018-00565
`Garmin EX1019 Page 1
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`

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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 2 of 16
`
`US 6,059,576 C1
`Evidence of Use - GARMIN
`
`May 24, 2017
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`IPR2018-00565
`Garmin EX1019 Page 2
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 3 of 16
`
`US 6,059,576 C1
`
`0
`
`
`
`US 6,059,576 C1
`
`Assignee:
`LOGANTREE LP
`
`Earliest Priority:
`Nov 21, 1997
`
`Related Patents:
`None
`
`https://www.google.com/patents/US6059576
`USPTO
`
`<12) EX PARTE REEXAMINATION CERTIFICATE (10541st)
`us 6,059,576 Cl
`United States Patent
`(10) Number:
`Brann
`(45) Certificate Issued: Mar. 17, 2015
`
`(54) TRAINlNG AND SAFETY DEVIC E , SYSTEM
`AND METHOD TO AID IN PROPER
`MOVEMENT DURING PHYSICAL ACTIVITY
`
`9&013,201, please refer to the USPTO's public Patent
`Application lnfonnation Retrieval (PAIR) system under the
`Display References tab.
`
`(75)
`
`Inventor: Theodore L. Brann. Mission, TX (US)
`
`(73) Assignee: Log antree L P, Boeme, TX (US)
`
`Rccxamim1tion Request:
`No. 90/013,201,Apr. 4, 2014
`
`Reex amination Certific ate for:
`Patent No.:
`6,059,576
`Issued:
`May 9, 2000
`Appl. No.:
`08/976,228
`Nov. 21, 1997
`Filed:
`
`(51)
`
`{52)
`
`(58)
`
`(56)
`
`(2006.01)
`(2006.0 1)
`
`Int. Cl.
`A61B Sill
`A63B 24100
`U.S.Cl.
`CPC ........... A6JB 511116 (2013.0J); A63B 122()140
`(2013.01); Y/0S4821901 (2013.01)
`USPC ............... 434/247; 600/595; 482/8; 482/901;
`702/10 l ; 601/ 34
`
`Field of Classific-ation Search
`None
`See application file for complete search history.
`
`Re ferences Cited
`
`To view the comple te listing of prior art documents cited
`during the proceeding for Ree xamination Control Nwnber
`
`Pri!11ary Examiner - Damo n DeMille
`
`(57)
`
`ABSTRACT
`
`An electronic device, syst.em and method to monitor and train
`an individual on proper motion during physical movement.
`The sys tem employs an electronic device which l.l'llcks and
`monitors an individual's motion through the use of an accel(cid:173)
`erometer capable of measuring parameters associated with
`the indjvidual's movement. The device a lso em ploys a user(cid:173)
`programmable microprocessor which receives. interprets.
`stores and responds to data re lating to the movement param(cid:173)
`e ters based on customizable operation parameters, a rea l-time
`clock connected to the microprocessor. memory for storing
`the movement data, a power source, a port for downloading
`the c.lma from the device to other computarion or s1orage
`devices contained within the system, aad various input and
`output components. The downloadable, self-contained
`device can be worn at various positions alo ng the torso or
`a ppendages be ing monitored depending on the specific physi(cid:173)
`cal task be ing performed. The device also detects the speed of
`movements made while the device is being worn. \Vhcn o
`preprogrammed recordable event is recognized. the device
`records the time and date o f the occurrence whi le providing
`feedback to the wearer v ia visual, audible and/or tactile warn(cid:173)
`ings.
`
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 4 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`
`
`----------------0
`
`Claim 1
`
`1. A portable, self-contained device for monitoring movement of body parts during physical activity, said device
`comprising:
`
`a movement sensor capable of measuring data associated with unrestrained movement in any
`direction and generating signals indicative of said movement;
`a power source;
`a microprocessor connected to said movement sensor and to said power source, said
`microprocessor capable of receiving, interpreting, storing and responding to said movement data based on
`user-defined operational parameters, detecting a first user-defined event based on the movement data
`and at least one of the user-defined operational parameters regarding the movement data, and storing
`first event information related to the detected first user-defined event along with first time stamp
`information reflecting a time at which the movement data causing the first user-defined event occurred;
`at least one user input connected to said microprocessor for controlling the operation of said device;
`a real-time clock connected to said microprocessor;
`memory for storing said movement data; and
`an output indicator connected to said microprocessor for signaling the occurrence of user-defined
`events;
`wherein said movement sensor measures the angle and velocity of said movement.
`
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 5 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`...
`GARMIN
`
`Forerunner® 35
`
`vfvoactive® HR
`
`fenix® 5
`
`\
`
`•102 • --
`Avg. Resting: -
`-- 'I
`- I
`
`66
`
`GARM I N
`
`Source: https://buy.garmin.com/en-US/US/c10002-p2.html
`
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`

`US 6,059,576 C1 Claim 1 vs. GARMIN
`-------------------------------0
`
`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 6 of 16
`
`
`
`1. A portable, self-
`contained device for
`monitoring movement
`of body parts during
`physical activity, said
`device comprising:
`a movement sensor
`capable of measuring
`data associated with
`unrestrained
`movement in any
`direction and
`generating signals
`indicative of said
`movement;
`a power source;
`
`Activity Tracking All Day and Night
`
`There's no reason not to wear your Forerunner 35 every day. t hanks to its
`extensive act ivity tracking feat ures .. That includes steps. calories, distance,
`sleep and intensity minutes, not to mention 24n heart rate monitoring. It
`also watches out for periods of inact ivity and gives you vibrat ion alerts when
`it's time to move.
`
`Source: https://buy.garmin.com/en-US/US/p/552962
`
`Forerunner® 35
`
`Keeps Up With AIII You r Active Moments
`Run, bike. swim, golf. ski a11d more wit h vivoact ive HR. Its GPS(cid:173)
`enabled built-in sports apps t rack your stats while smart
`not ifications allow you to stay connected - all so you can keep your
`life in balance. v1voact ive HR continues to t rack activity3 throughout your day
`
`Source: https://buy.garmin.com/en-US/US/p/538374
`
`vfvoactive® HR
`
`…
`
`Beat yesterday all day. every day. fenix 5 is the premium mult isport GPS watch with wrist-based heart rate\
`advanced fitness features and interchangeable bands that let you go from workplace to workout without
`breaking stride. Whatever sport you want to track, fenix 5 has it covered, thanks to built-in act ivity profiles ani
`performance metrics plus smart notif icat ions2 •
`
`Source: https://buy.garmin.com/en-US/US/p/552982
`
`fenix® 5 Series
`
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 7 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a movement sensor
`capable of measuring
`data associated with
`unrestrained
`movement in any
`direction and
`generating signals
`indicative of said
`movement;
`a power source;
`
`…
`
`Sensors
`
`GPS
`
`Garmin Elevate'" wrist heart rate monitor
`
`I Accelerometer
`
`Source: https://buy.garmin.com/en-US/US/p/552962#specs
`
`Training Indoors
`You can turn off GPS when you are training indoors or to save
`battery life. When GPS is off, speed and distance are calculated
`using the accelerometer in the device. The accelerometer is
`self-calibrating . The accuracy of the speed and distance data
`improves after a few outdoor runs using GPS.
`
`Charging the Device
`I WARNING
`This device contains a lithium-ion battery. See the Important
`Safety and Product Information guide in the product box for
`product warnings and other important information.
`
`Garmin Forerunner 35 Owner’s Manual, p 1, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Note: Equivalent data as presented for the Garmin Forerunner 35 can be found on the
`product pages and Owner Manuals for the Garmin vivoactive HR and fenix 5 series devices.
`
`Page 6
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 8 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a microprocessor connected
`to said movement sensor and
`to said power source, said
`microprocessor capable of
`receiving, interpreting,
`storing and responding to
`said movement data based
`on user-defined operational
`parameters, detecting a first
`user-defined event based on
`the movement data and at
`least one of the user-defined
`operational parameters
`regarding the movement
`data, and storing first event
`information related to the
`detected first user-defined
`event along with first time
`stamp information reflecting
`a time at which the
`movement data causing the
`first user-defined event
`occurred;
`
`Understand Movement
`Forerunner 35 features Garmin Move IQ"'. which captures different activities - such as walking, running and
`the watch
`to view on Garmin Connect. No need to switch out your watch or start a new act ivity -
`more -
`automat ically recognizes when your movement changes so you ca n go from a walk to a run in no time. Access
`Garmin Connect via mobile app or desktop to see your Garm in Move IQ-captured event 111 more detail, Join
`challenges and compete against others.
`
`Source: https://buy.garmin.com/en-US/US/p/552962
`
`Garmin Move IQTll Events
`The Move IQ feature automatically detects activity patterns,
`such as walking, running, biking, swimming, and elliptical
`training, for at least 10 minutes. You can view the event type
`ey o no
`ura 10n on your armin onnec 1me ine, u
`an
`appear in your activities list, snapshots, or newsfeed. For more
`detail and accuracy, you can record a timed activity on your
`device.
`Garmin Forerunner 35 Owner’s Manual, p 6, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Note: Equivalent data as presented for the Garmin Forerunner 35 can be found on the
`product pages and Owner Manuals for the Garmin vivoactive HR and fenix 5 series devices.
`
` Page 7
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`

`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 9 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a microprocessor connected
`to said movement sensor and
`to said power source, said
`microprocessor capable of
`receiving, interpreting,
`storing and responding to
`said movement data based
`on user-defined operational
`parameters, detecting a first
`user-defined event based on
`the movement data and at
`least one of the user-defined
`operational parameters
`regarding the movement
`data, and storing first event
`information related to the
`detected first user-defined
`event along with first time
`stamp information reflecting
`a time at which the
`movement data causing the
`first user-defined event
`occurred;
`
`Forerunner® 35
`
`Virtual Pacer-
`Virtual Pacer is a training tool designed to help you improve your
`performance by encouraging you to run at the pace you set.
`Running With the Virtual Pacer Feature
`NOTE: You must set up the Virtual Pacer feature before starting
`a run. After you start the run timer, you cannot change the
`settings.
`1 Select ?f, and select a running profile.
`2 Select Options > Run Mode > Virtual Pacer.
`3 Enter your pace.
`4 Go for a run.
`Each time you exceed or drop below the target pace. a message
`appears. The device also beeps or vibrates if audible tones are
`turned on ( Setting the Device Sounds, page 7). After you turn
`on the Virtual Pacer feature, it is used each time you go for a run
`until you turn it off or enable a different run mode.
`
`Garmin Forerunner 35 Owner’s Manual, p 2, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
` Page 8
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 10 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`vfvoactive® HR
`
`Going for a Pool Swim
`NOTE: Heart rate is not available while swimming.
`1 Select I-!.
`2 Select Pool Swim.
`3 Select your pool size. or enter a custom size.
`4 Select ~
`to start the timer.
`Historv is recorded onlv while the timer is runnina.
`5 Start your activity.
`The device automatically records swim intervals and lengths.
`
`a microprocessor connected
`to said movement sensor and
`to said power source, said
`microprocessor capable of
`receiving, interpreting,
`storing and responding to
`said movement data based
`on user-defined operational
`parameters, detecting a first
`user-defined event based on
`the movement data and at
`least one of the user-defined
`operational parameters
`regarding the movement
`data, and storing first event
`information related to the
`detected first user-defined
`event along with first time
`stamp information reflecting
`a time at which the
`movement data causing the
`first user-defined event
`occurred;
`
`Swim Tenninology
`Length : One trip down the pool.
`Interval : One or more consecutive lengths. A new interval starts
`after a rest.
`Stroke: A stroke is counted every time your arm wearing the
`device completes a full cycle.
`Swolf: Your swolf score is the sum of the time for one pool
`length and the number of strokes for that length. For
`example, 30 seconds plus 15 strokes equals a swolf score of
`45. Swolf is a measurement of swimming efficiency and, like
`golf, a lower score is better.
`
`Alerts
`You can set alerts for each activity, which can help you to train
`toward specific goals. Some alerts are available only for specific
`activities.
`Setting Range Alerts
`A range alert notifies you when the device is above or below a
`specified range of values. For example, you can set the device
`to alert you when your heart rate is below zone 2 and over zone
`5 (Setting Your Heart Rafe Zones, page 2).
`
`8 Select a zone or enter a value for each alert.
`
`Garmin Forerunner 35 Owner’s Manual, pp 6, 9-10, see: http://static.garmin.com/pumac/vivoactiveHR_OM_EN.pdf
`
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`fenix® 5
`
`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 11 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a microprocessor connected
`to said movement sensor and
`to said power source, said
`microprocessor capable of
`receiving, interpreting,
`storing and responding to
`said movement data based
`on user-defined operational
`parameters, detecting a first
`user-defined event based on
`the movement data and at
`least one of the user-defined
`operational parameters
`regarding the movement
`data, and storing first event
`information related to the
`detected first user-defined
`event along with first time
`stamp information reflecting
`a time at which the
`movement data causing the
`first user-defined event
`occurred;
`
`Setting a Training Target
`The training target feature works with the Virtual Partner feature
`so you can train toward a set distance, distance and time,
`distance and pace, or distance and speed goal. During your
`training activity. the device gives you real-time feedback about
`how close you are to achieving your training target.
`1 From the watch face, select @.
`2 Select an activity.
`3 Hold MENU.
`4 Select Training > Set a Target
`5 Select an option·
`• Select Distance Only to select a preset distance or enter
`a custom distance.
`• Select Distance and Time to select a distance and time
`target.
`• Select Distance and Pace or Distance and Speed to
`select a distance and pace or speed target.
`The training target screen appears and displays your
`estimated finish time. The estimated finish time is based on
`your current performance and the time remaining.
`6 Select@ to start the timer.
`
`Garmin Forerunner 35 Owner’s Manual, p 13, see: http://static.garmin.com/pumac/fenix5S_OM_EN.pdf
`
`::tVVll 111 UI I.
`11 IU I llJ)lt:: ll 01 l!>IUUI 1:::, 1 !>Ul.11 (I!> 0
`Alerts: Sets the training or navigation alerts for the activity.
`l.lof.r,-.nnf'l"lo · Olouc- fnn.nc-- at a c-frv:uiu rhHt hm tn hnln ,u,11
`
`Garmin Forerunner 35 Owner’s Manual, p 19, see: http://static.garmin.com/pumac/fenix5S_OM_EN.pdf
`
` Page 10
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 12 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a microprocessor connected
`to said movement sensor and
`to said power source, said
`microprocessor capable of
`receiving, interpreting, storing
`and responding to said
`movement data based on
`user-defined operational
`parameters, detecting a first
`user-defined event based on
`the movement data and at
`least one of the user-defined
`operational parameters
`regarding the movement
`data, and storing first event
`information related to the
`detected first user-defined
`event along with first time
`stamp information reflecting
`a time at which the
`movement data causing the
`first user-defined event
`occurred;
`
`History
`You can view your last seven timed activities and seven days of
`activity tracking data on your Forerunner device. You can upload
`and view unlimited running sessions and activity tracking data
`on Garmin Connect. When the device memory is full, your oldest
`data is overwritten.
`
`Garmin Forerunner 35 Owner’s Manual, p 6, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Garmin Connect
`You can connect with your friends on your Garmin Connect
`account. Garmin Connect gives you the tools to track, analyze,
`share, and encourage each other. Record the events of your
`active lifestyle including runs, walks, rides, hikes, and more. To
`sign up for a free account, go to www.garminconnect.com
`/forerunner.
`Store your activities: After you complete and save a timed
`activity with your device, you can upload that activity to your
`Garmin Connect account and keep it as long as you want.
`Analyze your data: You can view more detailed information
`about your activity, including time, distance, heart rate,
`calories burned, cadence, an overhead map view, pace and
`speed charts, and customizable reports.
`
`Garmin Forerunner 35 Owner’s Manual, p 5, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Note: Equivalent data as presented for the Garmin Forerunner 35 can be found on the
`product pages and Owner Manuals for the Garmin vivoactive HR and fenix 5 series devices.
`
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`-----------------------0
`
`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 13 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`
`
` at least one user input
`connected to said
`microprocessor for
`controlling the operation of
`said device;
`
`Forerunner® 35
`
`(2) # Select to choose an activity profile.
`Select to start and stop the timer.
`Select to choose the highlighted menu item.
`Select to view more information.
`
`C"'.-.L,.. .,.J In .., ,.....,...11 +.h.r-..-.a ,....,.h lh,,. ..,..,......,..,..,._. .. , _.....,,....,...,
`
`.,,. ... +;_......,,...
`
`........,.-1
`
`"" ••
`Garmin Forerunner 35 Owner’s Manual, p 1, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`vfvoactive® HR
`
`\I""'" ""-'• 1""-' V'I I C-1\.11 V I I .
`(3) ~ Press to open the app list
`Press to start or stop activities or apps.
`Hold to opeo the menu. lhe menu items change
`based on your activity or the widget you are viewilg.
`
`Garmin Forerunner 35 Owner’s Manual, p 1, see: http://static.garmin.com/pumac/vivoactiveHR_OM_EN.pdf
`
`fenix® 5
`
`Select to view the activity list and start or stop an ac1ivity.
`Select to choose an option in a menu.
`
`Garmin Forerunner 35 Owner’s Manual, p 1, see: http://static.garmin.com/pumac/fenix5S_OM_EN.pdf
`
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 14 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`a real-time clock connected to
`said microprocessor;
`memory for storing said
`movement data; and
`
`History
`You can view your last seven timed activities and seven days of
`activity tracking data on your Forerunner device. You can upload
`and view unlimited running sessions and activity tracking data
`on Garmin Connect. When the device memory is full, your oldest
`data is overwritten.
`
`Garmin Forerunner 35 Owner’s Manual, p 6, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Note: Equivalent data as presented for the Garmin Forerunner 35 can be found on the
`product pages and Owner Manuals for the Garmin vivoactive HR and fenix 5 series devices.
`
` Page 13
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 15 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`Forerunner® 35
`Virtual Pacer-
`Each time you exceed or drop below the target pace. a message
`appears. The device also beeps or vibrates if audible tones are
`turned on (Setting the Device Sounds, page 7). After you turn
`on the Virtual Pacer feature, it is used each time you go for a run
`until you turn it off or enable a different run mode.
`
`an output indicator
`connected to said
`microprocessor for signaling
`the occurrence of user-
`defined events;
`
`Garmin Forerunner 35 Owner’s Manual, p 2, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`vfvoactive® HR
`
`Alerts
`You can set alerts for each activity, which can help you to train
`toward specific goals. Some alerts are available only for specific
`activities.
`Setting Range Aleris
`A range alert notifies you when the device is above or below a
`specified range of values. For example, you can set the device
`to alert you when your heart rate is below zone 2 and over zone
`5 (Setting Your Heart Rate Zones, page 2).
`Each time you exceed or drop below the specified range, a
`message appears. Tfie device also vibrates If vibration 1s turned
`on ( System Settings, page 11 ).
`
`Garmin Forerunner 35 Owner’s Manual, pp 9-10, see: http://static.garmin.com/pumac/vivoactiveHR_OM_EN.pdf
`
`I 11u I u..,Ie: ua1 I :::,1uu1 I :::,1 :::,ut,11 a:::, a
`:::,vv11111u11.
`Alerts: Sets the training or navigation alerts for the activity.
`
`fenix® 5
`
`Garmin Forerunner 35 Owner’s Manual, p 19, see: http://static.garmin.com/pumac/fenix5S_OM_EN.pdf
`
`Page 14
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`Case 6:17-cv-01217-EFM-KGS Document 1-4 Filed 08/23/17 Page 16 of 16
`
`US 6,059,576 C1 Claim 1 vs. GARMIN
`
`wherein said movement
`sensor measures the angle
`and velocity of said
`movement.
`
`Understand Movement
`Forerunner 35 features Garmin Move IQ"'. which captures different activities - such as walking, running and
`the watch
`to view on Garmin Connect. No need to switch out your watch or start a new act ivity -
`more -
`automat ically recognizes when your movement changes so you ca n go from a walk to a run in no time. Access
`Garmin Connect via mobile app or desktop to see your Garm in Move IQ-captured event in more detail, join
`challenges and compete against others.
`
`Source: https://buy.garmin.com/en-US/US/p/552962
`
`Garmin Move IQTM Events
`The Move IQ feature automatically detects activity patterns,
`such as walking, running, biking, swimming, and elliptical
`training, for at least 10 minutes. You can view the event type
`and duration on your Garmin Connect timeline, but they do not
`appear in your activities list, snapshots, or newsfeed. For more
`detail and accuracy, you can record a timed activity on your
`device.
`Garmin Forerunner 35 Owner’s Manual, p 6, see http://static.garmin.com/pumac/Forerunner_35_OM_EN.pdf
`
`Note: Equivalent data as presented for the Garmin Forerunner 35 can be found on the
`product pages and Owner Manuals for the Garmin vivoactive HR and fenix 5 series devices.
`
` Page 15
`
`IPR2018-00565
`Garmin EX1019 Page 16
`
`