Case 2:22-cv-00198-JRG Document 1 Filed 06/10/22 Page 1 of 62 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`
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`Case No. 2:22-cv-00198
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`JURY TRIAL DEMANDED
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`) ) ) ) ) ) ) ) ) ) ) ) )
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`
`
`ADIDAS AG;
`ADIDAS INTERNATIONAL
`MARKETING B.V.;
`ADIDAS AMERICA, INC.; and
`RUNTASTIC GMBH.
`
`
`
`
`
`NIKE, Inc.
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`
`
`
`
`
`Defendant.
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`Plaintiffs,
`
`
`
`v.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs adidas AG, adidas International Marketing B.V., adidas America, Inc., and
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`runtastic GmbH (collectively “Plaintiff” or “adidas”) allege as follows:
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`NATURE OF ACTION
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`This is an action under the patent laws of the United States, 35 U.S.C. § 1, et seq., for
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`infringement by Defendant Nike, Inc. (“Defendant” or “Nike”) of patents owned by adidas.
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`THE PARTIES
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`1.
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`Plaintiff adidas AG is a corporation organized under the laws of the Federal
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`Republic of Germany, with its principal place of business at Adi-Dassler-Strasse 1, 91074
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`Herzogenaurach, Germany.
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`2.
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`Plaintiff adidas International Marketing B.V. is a corporation organized under the
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`laws of the Netherlands, with a principal place of business at Atlas Arena Offices, Africa
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`Building, Hoogoorddreef 9-A, 1101 BA Amsterdam Zuidoost, Netherlands.
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`1
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`3.
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`Plaintiff adidas America, Inc. is a corporation organized under the laws of the
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`State of Delaware, with its principal place of business at 5055 North Greeley Avenue, Portland,
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`OR 97217-3524 USA.
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`4.
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`Plaintiff runtastic GmbH is a corporation organized under the laws of Austria,
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`with a principal place of business at Pluskaufstraße 7, Business Center, 4061 Pasching bei Linz
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`Austria.
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`5.
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`Upon information and belief, Nike is a corporation organized under the laws of
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`the State of Oregon with a regular and established place of business at 8930 S Broadway Ave.
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`Suite 292, Tyler, TX, 75703.
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`JURISDICTION AND VENUE
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`6.
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`This action arises under the patent laws of the United States, Title 35 of the
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`United States Code. Accordingly, this Court has jurisdiction over the subject matter of this action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`7.
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`Nike does business in Texas and is assigned Texas Taxpayer Number
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`19305845414.
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`8.
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`Nike can be served in the state of Texas and Nike’s registered agent in the state of
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`Texas is located at 5444 Westheimer Road, Suite 1000, Houston, Texas 77056.
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`9.
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`Nike conducts substantial business in the State of Texas and in this District,
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`including (1) committing at least a portion of the infringing acts alleged herein and (2) regularly
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`transacting business, soliciting business, and deriving revenue from the sale of goods and
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`services, including infringing goods and services, to individuals in the State of Texas and in this
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`District. Thus, Nike has purposefully availed itself of the benefits of the State of Texas, and the
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`2
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`exercise of jurisdiction over Nike would not offend traditional notions of fair play and substantial
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`justice.
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`10.
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`Nike has committed acts of infringement in this district and has regular and
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`established places of business at least at 8930 S Broadway Ave. Suite 292, Tyler, TX, 75703 (the
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`“Nike Store”).
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`11.
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`The Nike Store can be identified from a search of Nike’s website, Nike.com. See
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`https://www.nike.com/retail.
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`
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`12.
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`Nike has further availed itself of this District by filing a Complaints asserting
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`Patents against Plaintiff adidas America, Inc. in this District. See Nike, Inc. v. adidas America,
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`Inc. et al., No. 9:06-cv-00043-RHC (E.D. Tex. Feb. 16, 2006).
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`13.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400.
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`BACKGROUND
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`14.
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`adidas is one of the largest makers of sporting goods and apparel in the world.
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`adidas has long had a culture of innovation, research and development. In its efforts to innovate
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`and change sports through technology, adidas has made continuous investments in sports
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`science, sensor technology, wearables and digital communication platforms.
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`3
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`15.
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`adidas has long been a leader in mobile technology, including technology related
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`to mobile fitness and mobile purchases. adidas was the first in the industry to comprehensively
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`bring data analytics to athletes.
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`16.
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`In 1984 adidas introduced the world’s first shoe with an integrated computer. The
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`adidas Micropacer originally released in 1984 to coincide with the Olympic games in Los
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`Angeles. The adidas Micropacer introduced fitness tracking into the running space by way of an
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`embedded microprocessor.
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`17.
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`Twenty years later, in 2004, adidas launched the world’s first intelligent running
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`shoe, the adidas 1, which sensed and adjusted the comfort of the shoe while the shoe was worn.
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`
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`18.
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`In 2005 adidas and Polar introduced Project Fusion, the first fully integrated
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`training system combining sensors in shoes and wearable devices.
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`4
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`19.
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`In March 2008 adidas launched its training platform branded as “miCoach” for
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`use on mobile phones, which offered personal coaching services so athletes of all levels can get
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`fitter, run faster and simply be better.
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`
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`20.
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`In 2010 adidas launched the “miCoach Pacer” a small, lightweight device that
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`delivered real-time audible coaching as a user exercises via headphones or combined with their
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`own MP3 player, as well as the “miCoach Zone” an easy to read color-code LED display on a
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`5
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`

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`wristband device that provided accurate, real-time information making it easy to train at the right
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`intensity with the help of a heart rate monitor.
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`21.
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` In August 2010 adidas further integrated miCoach into a mobile application
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`available on smartphones and including functionality allowing users to track workouts using
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`
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`GPS.
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`22.
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`In December 2011, adidas launched the miCoach Soccer mobile game and shoe
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`sensor, and in February 2012 launched the miCoach Basketball mobile game and shoe sensor.
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`23.
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`In July of 2012, adidas launched the miCoach Elite system, which used an
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`integrated RF transmitter, each sensor transmits a constant stream of data to a ruggedized base
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`station that coaches can then access on the sidelines via an iPad dashboard, or through a secure
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`web application after the match .
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`6
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`24.
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`Subsequently in 2014, adidas launched the first “Smartball” an intelligent and
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`app-enabled soccer ball with integrated sensor technology for dead-ball kick training such as
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`penalties, free kicks, shooting, corners, long passes or goal kicks.
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`
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`25.
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`In 2015, adidas also acquired runtastic, one of the most diverse global players in
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`the health and fitness application market and operated a multi-application strategy with over 20
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`apps covering a wide variety of endurance, health and fitness activities.
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`7
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`26.
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`adidas continues to make multiple mobile-based fitness applications available,
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`including the adidas Training and adidas Running, which have been downloaded by millions of
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`users.
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`27.
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`Similarly, in 2015, adidas launched the adidas Confirmed App. The confirmed
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`App enables users to reserve and purchase limited edition footwear. The Confirmed App
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`reimagined how products are purchased with its safe, anti-bot raffle system.
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`28.
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`Through its highly engaged and active user base, adidas has established solid
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`revenue and earnings streams and high user satisfaction in marketing a variety of digitally
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`enabled products.
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`29.
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`adidas’s investments have been rewarded by the U.S. Patent and Trademark
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`Office. adidas is currently the assignee of over 800 U.S. Patents and Patent Applications.
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`Among these are multiple patents that cover various digital applications including fitness
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`tracking applications and applications to manage online purchases.
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`THE ASSERTED PATENTS
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`30.
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`adidas AG owns United States Patent No. 7,805,149 (“the ’149 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
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`’149 patent. The ’149 patent was duly and legally issued by the United States Patent and
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`Trademark Office on September 28, 2010, is active, and is entitled “Location-aware fitness
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`training device, methods, and program products that support real-time interactive communication
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`and automated route generation.” A true and correct copy of the ’149 patent is attached hereto as
`
`Exhibit 1.
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`31.
`
`adidas AG owns United States Patent No. 7,957,752 (“the ’752 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
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`
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`8
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`

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`’752 patent. The ’752 patent was duly and legally issued by the United States Patent and
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`Trademark Office on June 7, 2011, is active, and is entitled “Location-aware fitness training
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`device, methods, and program products that support real-time interactive communication and
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`automated route generation.” A true and correct copy of the ’752 patent is attached hereto as
`
`Exhibit 2.
`
`32.
`
`adidas AG owns United States Patent No. 7,480,512 (“the ’512 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
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`’512 patent. The ’512 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on January 20, 2009, is active, and is entitled “Wireless device, program
`
`products and methods of using a wireless device to deliver services.” A true and correct copy of
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`the ’512 patent is attached hereto as Exhibit 3.
`
`33.
`
`adidas AG owns United States Patent No. 8,814,755 (“the ’755 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
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`’755 patent. The ’755 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on August 26, 2014, and is entitled “Performance information sharing systems
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`and methods.” A true and correct copy of the ’755 patent is attached hereto as Exhibit 4.
`
`34.
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`adidas AG owns United States Patent No. 8,241,184 (“the ’184 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
`
`’184 patent. The ’184 patent was duly and legally issued by the United States Patent and
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`Trademark Office on August 14, 2012, is active, and is entitled “Methods and computer program
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`products for providing audio performance feedback to a user during an athletic activity.” A true
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`and correct copy of the ’184 patent is attached hereto as Exhibit 5.
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`9
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`35.
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`adidas AG owns United States Patent No. 9,675,842 (“the ’842 patent”),
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`including the right to sue for past damages, and runtastic GmbH is the exclusive licensee of the
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`’842 patent. The ’842 patent was duly and legally issued by the United States Patent and
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`Trademark Office on June 13, 2017, is active, and is entitled “Portable fitness monitoring
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`methods.” A true and correct copy of the ’842 patent is attached hereto as Exhibit 6.
`
`36.
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`adidas AG owns United States Patent No. 10,275,823 (“the ’823 patent”),
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`including the right to sue for past damages, and adidas America, Inc. is the exclusive licensee of
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`the ’823 patent. The ’823 patent was duly and legally issued by the United States Patent and
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`Trademark Office on April 30, 2019, is active, and is entitled “Systems and techniques for
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`computer-enabled geo-targeted product reservation for secure and authenticated online
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`reservations.” A true and correct copy of the ’823 patent is attached hereto as Exhibit 7.
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`37.
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`adidas International Marketing B.V. owns United States Patent No. 8,234,798
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`(“the ’798 patent”), including the right to sue for past damages, and adidas AG is the exclusive
`
`licensee of the ’798 patent. The ’798 patent was duly and legally issued by the United States
`
`Patent and Trademark Office on August 7, 2012, is active, and is entitled “Intelligent Footwear
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`Systems.” A true and correct copy of the ’798 patent is attached hereto as Exhibit 8.
`
`38.
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`adidas International Marketing B.V. owns United States Patent No. 7,188,439
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`(“the ’439 patent”), including the right to sue for past damages, and adidas AG is the exclusive
`
`licensee of the ’439 patent. The ’439 patent was duly and legally issued by the United States
`
`Patent and Trademark Office on March 13, 2007, is active, and is entitled “Intelligent Footwear
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`Systems.” A true and correct copy of the ’439 patent is attached hereto as Exhibit 9.
`
`39.
`
`adidas AG is the assignee or exclusive licensee in the United States for each of
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`the ’149 patent, ’752 patent, ’512 patent, ’755 patent, ’184 patent, ’842 patent, ’823 patent, ’798
`
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`10
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`patent, and ’439 patent (collectively “the Patents-in-Suit”). adidas America, Inc. is the exclusive
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`licensee and holds a right to exclude others from using and exploiting the innovations claimed in
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`the ’823 patent. runtastic GmbH is the exclusive licensee and holds a right to exclude others
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`from using and exploiting the innovations claimed in the ’149 patent, ’752 patent, ’512 patent,
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`’755 patent, ’184 patent, and ’842 patent.
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`40.
`
`Each of the claims of the Patents-in-Suit is presumed to be valid, and none of the
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`claims of the Patents-in-Suit is representative of that Patent’s other claims or the claims of the
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`other Patents-in-Suit.
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`41.
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`The claims of the Patents-in-Suit are not directed to an abstract idea, and the
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`claim limitations, individually and as an ordered combination, involve more than performance of
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`well-understood, routine, and conventional activities previously known to the industry.
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`42.
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`The claims of the Patents-in-Suit are not directed toward fundamental economic
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`practices, methods of organizing human activities, an idea itself, or mathematical formulas.
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`43.
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`The claims of the Patents-in-Suit are directed to a narrow area of application and
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`thus do not pre-empt others from using other methods and systems.
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`44.
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`The claims of the Patents-in-Suit recite more than generic computer functionality
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`and recite steps that are not purely conventional.
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`45.
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`The claims the Patents-in-Suit recite improvements over prior art and
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`conventional systems and methods and represent meaningful limitations and/or inventive
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`concepts. Further, in view of these specific improvements, the inventions of the asserted claims,
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`when such claims are viewed as a whole and in ordered combination, were not routine, well-
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`understood, conventional, generic, existing, commonly used, well-known, previously known, or
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`typical as of the earliest priority date of each of the Patents-in-Suit.
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`11
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`46.
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`The ’149 and ’752 patents (the “Route Tracking Patents”), share the same
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`specification, which describes innovative systems and methods for tracking the route of a fitness
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`activity. The Route Tracking Patents all claim priority back to Provisional Application No.
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`60/440,519, which was filed on January 16, 2003.
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`47.
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`None of the claims of the Route Tracking Patents is representative of the other
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`claims.
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`48.
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`The specification of the Route Tracking Patents describes innovations “to
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`location-aware electronic devices, and in particular, to apparatus, methods, and program products
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`facilitating the routing, scheduling, and real-time monitoring of outdoor activities.” ’149 patent
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`at Col. 1:21-24.
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`49.
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`The specification of the Route Tracking Patents discusses the existence of Global
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`Positioning System (GPS) technology (Id. at Col. 1:27) and identifies numerous deficiencies in
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`the prior art. “While it is useful to leverage location-aware electronics to apprise an athlete of
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`accurate performance information, the present invention recognizes that conventional portable
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`GPS-enabled electronic devices suffer from a number of shortcomings, including the following:
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`(1) Conventional portable GPS-enabled electronic devices do not support automated two-way
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`data communication; (2) Conventional portable GPS-enabled devices do not permit a remote
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`trainer or other user to easily monitor substantially real-time performance information of a
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`human user (e.g., athlete) equipped with a portable GPS-enabled device or to communicate with
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`the human user in real-time; (3) Conventional portable GPS-enabled devices do not have an
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`associated user interface that permits a user to easily generate, select, and schedule routes to be
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`traversed, for example, in the course of a human fitness activity; and (4) Conventional portable
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`GPS-enabled devices do not have an associated user interface that permits a user to graphically
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`12
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`and intuitive view, annotate and share location-specific route, performance and environmental
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`information.” Id. at Col. 1:41-65.
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`50.
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`The specification of the Route Tracking Patents describes specific improvements
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`to technology. “These and other shortcomings in the art are addressed and overcome by the
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`present invention. In one embodiment, the present invention provides a portable fitness device
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`including a global positioning system (GPS) receiver that receives GPS signals, a wireless wide-
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`area network transmitter supporting communication over-the-air to a wireless communication
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`network, and a processing unit coupled to the GPS receiver and the wireless wide-area network
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`transmitter. The processing unit receives the time-stamped waypoints from the GPS receiver and
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`determines athletic performance information and route information from the time-stamped
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`waypoints. The processing unit further outputs at least one of the athletic performance
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`information and the route information to the wireless communication network during a human
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`fitness activity via the wireless wide-area network transmitter.” Id. 1:64-2:11. “In other
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`embodiment, the present invention includes a computer-based method supporting user route
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`determination. According to the method, the computer, for example, a server computer system
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`executing a route generation module, receives at least one route criterion including at least one of
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`route length and route duration. In response to receipt of the at least one route criterion, the
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`computer system automatically generates one or more routes satisfying the at least one route
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`criterion for user selection, where each such route represents a physical path that may be
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`traversed by a human during a fitness activity. The routes are thereafter presented to a user for
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`selection. In response to user selection of at least one route, the computer transmits information
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`regarding the route to a portable fitness device, for example, via a wireless wide area network.”
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`Id. at Col. 2:12-29.
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`13
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`51.
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`Each of the deficiencies and improvements recited above demonstrates that the
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`invention claimed in the Route Tracking Patents was not routine, conventional, or well-known in
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`the art as of the priority date of the Route Tracking Patents.
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`52.
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`The claims of the ’149 patent recite at least the following elements which, either
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`alone or as an ordered combination, were unconventional and unique, and were not well-known,
`
`routine, or conventional: “A mobile phone, comprising: a global positioning system (GPS)
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`receiver, a wireless wide-area network transmitter capable of supporting communication to a
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`wireless communication network; a processing unit coupled to said GPS receiver and said
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`wireless wide-area network transmitter, wherein said processing unit is capable of receiving from
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`said GPS receiver data describing waypoints within a route of a fitness activity, capable of
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`determining athletic performance information associated with multiple of the way points, and
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`capable of outputting at least some of the data describing the waypoints and at least some of the
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`athletic performance to said wireless communication network via said wireless wide-area
`
`network transmitter, and a wireless wide-area network receiver, coupled to said processing unit,
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`capable of receiving communication from said wireless communication network.”
`
`53.
`
`The claims of the ’752 patent recite at least the following elements which, either
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`alone or as an ordered combination, were unconventional and unique, and were not well-known,
`
`routine, or conventional: “A method comprising: a server receiving user input describing a route
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`of an activity; serving a graphical representation of the route to a user device in association with
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`a toolset including at least one of a set including an annotation tool, a rating tool, and a review
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`tool; the server receiving route-related information including at least one of a set including a user
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`annotation, a user rating and a user review of the route entered utilizing said toolset; storing the
`
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`14
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`route and the route-related information on the server; and the server permitting access to the
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`route and the route related information by a plurality of users.”
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`54.
`
`The application leading to the ’149 patent underwent a thorough examination. For
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`example, on December 4, 2009 the Patent Examiner rejected the then pending claims as obvious
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`over U.S. 2002/0102988 (“Myllymaki”) in view of alleged “Applicant’s Admitted Prior Art” and
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`U.S. 2002/0049535 (“Rigo”). The applicant amended the claims on March 31, 2010, explaining
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`why they were patentable. On June 7, 2010, the examiner issued a Notice of Allowance. See
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`Exhibit 10. The examiner indicated that the reasons for allowance are stated in the applicant’s
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`remarks on pages 14-21 of the March 31, 2010 response. See id. at 5-6.
`
`55.
`
`On August 12, 2015, the PTAB rejected Under Armour, Inc.’s petition for inter
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`partes review in IPR2015-00695, denying institution because Under Armour did not have a
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`reasonable likelihood of showing that any claims of the ’149 patent were unpatentable. See
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`Exhibit 11. This confirms that the improvement claimed in the Route Tracking Patents was not
`
`routine, conventional, or well-known in the art as of the priority date of the Route Tracking
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`Patents.
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`56.
`
`Further, the ’149 patent was subject to ex parte reexamination in No. 90/020,094.
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`On September 8, 2016, the Patent Office mailed a Notice of Intent to Issue Reexam Certificate
`
`confirming the patentability of all challenged claims. See Exhibit 12 This confirms that the
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`improvement claimed in the Route Tracking Patents was not routine, conventional, or well-
`
`known in the art as of the priority date of the Route Tracking Patents.
`
`57.
`
`The application leading to the ’752 patent underwent a thorough examination. For
`
`example, on June 3, 2010 the Patent Examiner rejected pending claims as anticipated by U.S.
`
`2001/0027375 (“Machida”). On September 1, 2010, applicant submitted new claims, and argued
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`15
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`that the rejection over Machida was improper. On February 18, 2011, the examiner allowed the
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`claims, stating that the reasons for allowance are stated in applicant’s remarks on pages 6-9 of
`
`the September 1, 2010 response. See Exhibit 13.
`
`58.
`
`The specification of the ’512 patent describes innovative systems and methods for
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`creating a training plan of fitness activities. The ’512 patent claims priority back to Provisional
`
`Application No. 60/440,519, which was filed on January 16, 2003 as well as Provisional
`
`Application No. 60/584,300, which was filed on June 30, 2004.
`
`59.
`
`None of the claims of the ’512 patent are representative of the other claims.
`
`60.
`
`The specification of the Route Tracking Patents is incorporated by reference into
`
`the ’512 patent, which is a continuation in part of the parent application of the Route Tracking
`
`Patents. Thus, each of the deficiencies and improvements in technology set forth in the Route
`
`Tracking Patents, discussed above, is also set forth in the ’512 Patent.
`
`61.
`
`The ’512 patent describes “[a] user interface is presented through which a training
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`plan is established. The training plan includes a plurality of workouts each describing a human
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`physical activity. The training plan is stored within data storage for selection by any of a
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`plurality of users. In response to a user among said plurality of users selecting said training plan,
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`data describing at least one workout in said training plan is electronically transmitted to a client
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`device associated with the user.” ’512 patent at Col. 1:37-44.
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`62.
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`Each of the deficiencies and improvements recited above demonstrates that the
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`improvement claimed in the ’512 patent was not routine, conventional, or well-known in the art
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`as of the priority date of the ’512 patent.
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`63.
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`The claims of the ’512 patent recite at least the following elements which, either
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`alone or as an ordered combination, were unconventional and unique, and were not well-known,
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`routine, or conventional: “A program product, comprising: a tangible computer-readable storage
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`medium encoded with program code executable by a data processing system, wherein the
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`program code includes: a training plan module that permits selection by any of a plurality of
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`users of a training plan from among one or more training plans in a training plan database,
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`wherein the training plan includes a plurality of workouts each describing a prospective human
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`physical activity to be performed and said training plan includes a distance-based performance
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`goal for at least one of said workouts, and wherein the training plan module, responsive to a user
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`among said plurality of users selecting said training plan, electronically transmits data describing
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`at least one workout in said training plan that is to be performed to a client device associated
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`with the user, and wherein the training plan module automatically customizes at least one
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`prospective workout of the training plan in response to one or more inputs indicating actual
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`measured performance of the user in the human physical activity.”
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`64.
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`Its parent application and the application leading to the ’512 patent underwent
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`thorough examination. For example, on November 16, 2007 the Patent Examiner rejected certain
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`pending claims as allegedly anticipated by U.S. 2003/0091964 (“Yeager”), rejected others as
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`allegedly obvious over Yeager in view of U.S. 2003/0224337 (“Shum”), and rejected others as
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`allegedly obvious over Yeager in view of U.S. 2003/0107433 (“Mault”). On February 19, 2008
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`the applicant amended the claims and explained why they were patentable. On May 29, 2008, the
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`examiner issued a final rejection. On September 5, 2008, the applicant amended the claims
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`further, explaining why they are patentable. On September 30, 2008, the applicant amended the
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`claims for a third time, explaining further why the claims are patentable. On October 10, 2008,
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`the applicant again amended the claims, pursuant to a telephone interview with the examiner on
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`September 30, 2008. On October 10, 2008 the examiner allowed the claims. Exhibit 14. The
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`examiner explained that the prior art, including 7,298,327 (“Dupray”), U.S. Pat. No. 6,745,011
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`(“Handrickson”), U.S. Pat. No. 6,605,038 (“Teller”), U.S. Pat. No. 6,246,882 (“Lachance”), and
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`U.S. 2003/0149526 (“Zhou”), “either combined or alone fails to teach automatically customizing
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`at least one prospective workout of the training plan in response to one or more inputs indicating
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`actual measured performance of the user in the human physical activity and wherein said training
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`plan includes a distance-based performance goal for at least one of said workouts.” See id. at 5-6.
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`This confirms that the improvement claimed in the ’512 patent was not routine, conventional, or
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`well-known in the art as of the priority date of the ’512 patent.
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`65.
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`The ’755 patent describes innovative functionality related to fitness tracking and
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`claims priority to Provisional Application No. 60/270,400, which was filed on February 20,
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`2001. None of the claims of the ’755 patent is representative of the other claims.
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`66.
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`The specification of the ’755 patent describes shortcomings of the prior art
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`devices. “None of these individual devices can combine with any of the other devices to provide
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`improved functions. If a user wishes to upgrade the capabilities of any of these devices, a new,
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`expensive device must be purchased and the old device discarded.” ’755 patent at Col. 1:38-43.
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`67.
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`The specification of the ’755 patent explains that “[w]hat is needed is a system in
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`which individual portable device modules can be combined in a multitude of ways to provide an
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`infinite variety of functions. A portable system is needed in which new functions can be added
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`by simply adding or replacing a single component. A portable system is needed in which the
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`functions can be modified simply by downloading new software or other parameters. A system is
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`needed in which functions in different fields of use can be easily combined. And a system is
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`needed in which the economies of scale and scope of building devices across multiple fields of
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`use can be used to benefit users of devices in all of the fields of use.” Id. at Col. 1:44-55.
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`68.
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`The specification of the ’755 patent describes additional shortcomings of the prior
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`art. “U.S. Pat. No. 6,047,301 (2000) and U.S. Pat. No. 6,336,126 (2002) both to Bjorklund, et al.,
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`disclose a wearable computer that communicates with a display device using an optical link, and
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`with a local area network using a radio communications link. However, the system described is
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`not modular, nor is it extensible.” Id. at Col. 1:62-67.
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`69.
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`The specification of the ’755 patent describes additional shortcomings of the prior
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`art. “U.S. Pat. No. 6,324,053 (2001) to Kamijo discloses a wearable data processing system.
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`However, this system depends on a network of wiring stitched into the clothing of the user.” Id.
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`at Col. 2:1-3.
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`70.
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`The specification of ’755 patent describes additional shortcomings of other prior
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`art systems explaining that they “do not anticipate the needed methods for downloading data to a
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`personal area network from a personal computer or other system, nor for retrieving data from a
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`personal area network to a personal computer or other system. And the wide variety of
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`components, configurations, and uses has not been anticipated.” Id. at Col. 2:30-36.
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`71.
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`The specification of the ’755 patent describes additional shortcomings of the prior
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`art. “Users need more flexibility in display devices, such as how they are worn so that they may
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`be easily viewed during different activities. Users need display devices that can be easily
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`modified in their position and orientation. Users need a variety of mounting options for
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`individual components in an MPN. Users need an audio device that can be easily worn during
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`various activities, that can be heard during activities with ambient noise, and that won't disturb
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`other nearby people. Users need a system that provides multiple types of audio output in an
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`intelligent fashion. Users need a variety of input devices for different types of activities, and
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`which can be easily accessed during those activities.” Id. at Col. 2:37-48.
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`Case 2:22-cv-00198-JRG Docume