`Garmin USA, Inc. v.
`LoganTree, LP
`
`P.T.A.B. Proceedings IPR2018-00564 and IPR2018-00565
`U.S. Patent No. 6,059,576
`June 4, 2019
`
`MCCATHERN PLLC
`Demonstrative Exhibit – Not Evidence
`
`Exhibit 2004
`IPR2018-00564 and IPR2018-00565
`
`1
`
`
`
`EX2001, at 21 (¶¶ 38-43); POR of 564, at 4-5
`Demonstrative Exhibit – Not Evidence
`
`Figure A1
`
`2
`
`
`
`Stewart and Rush Do Not Disclose At Least
`the Below Claimed Features
`• “interpreting, using a microprocessor included in the portable, self-
`contained movement measuring device, said physical movement data
`based on user-defined operational parameters and a real-time clock”
`• “detecting, using the microprocessor, a first user-defined event based
`on the movement data and at least one of the user- defined
`operational parameters regarding the movement data”
`• “storing, in said memory, 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”
`Claim 20
`POR of 564, at 16, 22, and 25
`Demonstrative Exhibit – Not Evidence
`
`3
`
`
`
`Stewart and Rush Do Not Disclose At Least
`the Below Claimed Features
`“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”
`
`Claim 1
`POR of 565, at 18, 25 and 27
`Demonstrative Exhibit – Not Evidence
`
`4
`
`
`
`EX2001, at 23 (¶¶ 45-46); POR of 564, at 7
`Demonstrative Exhibit – Not Evidence
`
`Figure A2
`
`5
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`
`
`Roles/Functions of Processor as Disclosed in Stewart
`• “A processor 52 controls data sampling and storage operations with
`respect to data from an A/D Converter 46 for storagein a Personal
`Computer Memory Control Interface Adapter (PCMCIA) card installed
`in a PCMCIA Interface 50.” EX1004, 5:56-60
`• “The processor 52 controls the storage of data from the A/D
`Converter 46 to the data storage51.” EX1004, 8:58-59
`• The processor 52 comprises any conventional processor device,
`including a microcontroller or a microprocessor, and controls the
`operation of the HAT system.” EX1004, 8:59-62
`
`POR of 564, at 5-6, 18-19
`Demonstrative Exhibit – Not Evidence
`
`6
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`
`
`Roles/Functions of Processor as Disclosed in Stewart
`
`• “Program random-access memory and read-only memory
`(RAM/ROM) 48 is provided for storage and operation of the software
`program which the processor 52 runs.” EX1004, 9:43-45
`• “Storage of data from the outputs of the accelerometers 10-12 is
`started and stopped by the processor 52 via commands transmitted
`through the serial control interface 42.” EX1004, 11:29-32
`• “The operating software of the processor 52 monitors the serial
`control interface 42 for the presence of commands. These commands
`set the general parameters of the data storage operation of the HAT.”
`EX1004, 11:51-54
`POR of 564, at 5-6, 18-19
`Demonstrative Exhibit – Not Evidence
`
`7
`
`
`
`Stewart Never Teaches the Processor Performs the
`Following
`• “For this purpose HAT could be modified to record in real-time
`detailed data only when the accelerations exceed a defined
`threshold.” EX1004, 5:4-7
`• “The data is recorded in real-time, but may be processed in either
`real-time as the data is recorded, or at a later time so as to integrate
`and otherwise determine the translational, angular and normal
`components of acceleration of the sportsperson's head.” EX1004,
`5:7-11
`
`PO Sur-Reply of 564, at 7-11
`Demonstrative Exhibit – Not Evidence
`
`8
`
`
`
`Stewart Never Teaches the Processor Performs the
`Following
`• “For instance, in boxing, it is possible to correlate certain responses of
`the accelerometers 10-12 with desirable punches exceeding a
`predetermined threshold, and thus be processed and scored at a
`ringside receiver.” EX1004, 14:6-9
`• “It might also be possible to determine if a football player is
`improperly using his helmet (e.g., illegal spearing).” EX1004, 14:9-11
`
`PO Sur-Reply of 564, at 7-11
`Demonstrative Exhibit – Not Evidence
`
`9
`
`
`
`Fischell Teaches Setting Threshold at Sensor
`
`“The accelerometer 26 behaves as a switch and is closed momentarily
`when an accelerating impulse, above a set threshold level, is detected,
`and automatically resets after the acceleration impulse subsides.”
`EX2003, 4:2-6
`
`PO Sur-Reply of 564, at 9-10
`Demonstrative Exhibit – Not Evidence
`
`10
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`
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`EX2001, at 25 (¶¶ 47-48); POR of 564, at 10
`Demonstrative Exhibit – Not Evidence
`
`Figure A3
`
`11
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`
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`Rush Adds Nothing
`
`• Rush merely provides that accelerometers are adjustable
`• Fischell already provided that accelerometers are adjustable
`• “A threshold level between 2 g's and 5 g's can be selected as
`values large enough to avoid aversive stimulation as a result of
`accelerations experienced in normal activity, and yet small
`enough to detect even a non-damaging impulse to the head.”
`EX2003, 4:12-16
`
`PO Sur-Reply of 564, at 9-10
`Demonstrative Exhibit – Not Evidence
`
`12
`
`
`
`Rush Adds Nothing
`
`• “It may also be advantageous to provide a recording means 148 which is
`cooperable with the receiving means 142 to record instances in which the
`potentially injurious activity has taken place.” EX1006, 10:20-23
`• “The recording means may record the time and date of each instance in
`which the potentially injurious activity occurs.” EX1006, 10:26-28
`
`PO Sur-Reply of 564, at 16-17
`Demonstrative Exhibit – Not Evidence
`
`13
`
`
`
`Richardson and Stewart Do Not Disclose At
`Least the Below Claimed Features
`• “storing, in said memory, 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” Claim 20
`• “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” Claim 1
`
`POR of 564, at 34; POR of 565, at 37
`Demonstrative Exhibit – Not Evidence
`
`14
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`
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`EX2001, at 26 (¶¶ 50-51); POR of 564, at 12
`Demonstrative Exhibit – Not Evidence
`
`Figure A4
`
`15
`
`
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`Garmin’s Arguments Re Richardson Fall Outside of the
`Phillip’s Claim Construction Standard – Even So,
`Richardson Still Does Not Meet Claim Limitations
`• Nothing in Richardson teaches that anything is stored when the cruise
`control alarm is triggered
`• Richardson reports a cruise control alarm trigger whenever the user's
`locomotor speed goes consistently into or consistently out of the
`chosen speed band
`
`PO Sur-Reply, at 21-24; EX1009, 18:30-33 and Table 2, 29:30-36
`Demonstrative Exhibit – Not Evidence
`
`16
`
`