Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 1 of 48 PageID #: 1
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`SLYDE ANALYTICS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`)
`
`)
`Case No.
`)
`
`JURY TRIAL DEMANDED
`)
`)
`
`)
`)
`)
`)
`)
`)
`
`
`
`GARMIN LTD. and GARMIN
`CORPORATION,
`
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff Slyde Analytics LLC (“Slyde” or “Plaintiff”) for its Complaint against Defendants
`
`Garmin Ltd. and Garmin Corporation (collectively, “Garmin” or “Defendants”) for patent
`
`infringement, alleges as follows:
`
`THE PARTIES
`
`1.
`
`Slyde is a limited liability company organized and existing under the laws of the
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`State of Texas, with its principal place of business located at 104 East Houston Street, Suite 170,
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`Marshall, Texas 75670.
`
`2.
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`Defendant Garmin Ltd. is a corporation organized and existing under the laws of
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`Switzerland, with a principal place of business located at Mühlentalstrasse 2, 8200 Schaffhausen,
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`Switzerland. Garmin Ltd. is one of the leading smartwatch sellers in the United States and the
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`world. Upon information and belief, Garmin Ltd. does business in Texas, directly or through
`
`intermediaries, and offers its products and/or services, including those accused herein of
`
`infringement, to customers and potential customers located in Texas, including in the Judicial
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`District of the Eastern District of Texas. For example, Garmin Ltd. has authorized dealers of its
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`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 2 of 48 PageID #: 2
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`goods and services located throughout Texas, including in the Judicial District of the Eastern
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`District of Texas. Moreover, Garmin advertises and directs customers and end-users to its dealers
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`on its website. Specifically, Garmin goods and services are offered for sale in at least the following
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`locations within this Judicial District: 306 East Tyler Street, Longview, Texas 75601; 3500
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`McCann Road, Suite K101, Longview, Texas 75601; 325 Corporate Road, Longview Texas,
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`75603; 1419 West Loop 281, Longview Texas 75604; 1905 Loop 281 Gilmer Road, Longview,
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`Texas 75604; 320 West Panola Street, Carthage, Texas 75633; and One Skeeter Road, Kilgore,
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`Texas 75662; among other locations.1
`
`
`
`3.
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`Defendant Garmin Corporation is a corporation organized and existing under the
`
`laws of Taiwan, with a principal place of business located at No. 68, Zhangshu 2nd Road, Xizhi
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`District, New Taipei City 221, Taiwan. Garmin Corporation is a wholly-owned subsidiary of
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`Garmin Ltd. Upon information and belief, Garmin Corporation is responsible for the
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`manufacturing of Garmin products in China and Taiwan, including smartwatches. Upon
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`information and belief, Garmin Corporation distributes Garmin products, such as smartwatches,
`
`
`1 See https://www.garmin.com/en-US/dealerlocator (Garmin dealers within 100 miles of Marshall,
`Texas.)
`
`2
`
`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 3 of 48 PageID #: 3
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`to other Garmin subsidiaries and/or authorized Garmin Dealers, including in the United States.
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`According to Garmin Ltd.’s 2023 10-K Form filed with the Securities and Exchange Commission,
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`“Garmin Corporation (GC) is primarily responsible for the manufacturing and distribution of the
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`Company’s products to the Company’s subsidiaries […]”.2 Moreover, the facilities owned,
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`occupied, or leased by Garmin Corporation in Taiwan “are used for the manufacturing and
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`warehousing of most of Garmin’s fitness, outdoor, and marine products, as well as portable
`
`aviation products and some Auto OEM products.” (emphasis added).3 The accused products
`
`herein are part of Garmin’s fitness and outdoor product lines.4 Upon information and belief,
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`Garmin Corporation does business in Texas, directly or through intermediaries, and offers its
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`products and/or services, including those accused herein of infringement, to customers and
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`potential customers located in Texas, including in the Judicial District of the Eastern District of
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`Texas.
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`JURISDICTION
`
`4.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to 28 U.S.C.
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`§§ 1331 and 1338(a).
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`5.
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`This Court has specific and personal jurisdiction over Defendants consistent with
`
`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
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`Arm Statute due at least to their substantial business in the State of Texas and in this Judicial
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`District, including (a) its past and continuing infringing activities, whether direct acts or through
`
`
`2
`52,
`at
`Form
`10-K
`2023
`Ltd.’s
`Garmin
`See
`https://www8.garmin.com/aboutGarmin/invRelations/reports/2023_10-K.pdf
`3 Id. at 28.
`4 See, e.g., https://www.garmin.com/en-US/c/sports-fitness/activity-fitness-trackers/
`
`available
`
`at:
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`3
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`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 4 of 48 PageID #: 4
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`subsidiaries or intermediaries, induced acts of patent infringement by others in the State of Texas
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`and in this Judicial District, and/or contributed to acts of patent infringement by others in the State
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`of Texas and in this Judicial District, as alleged in this Complaint; (b) regularly doing or soliciting
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`business in Texas; and/or (c) engaging in persistent conduct and/or deriving substantial revenue
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`from goods and services provided to customers in Texas. Upon information and belief,
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`Defendants, directly and indirectly, participate in the stream of commerce that results in products,
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`including the accused products, being made, used, offered for sale, and/or sold in the State of Texas
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`and/or imported into the United States to the State of Texas.
`
`6.
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`Venue is proper in this Judicial District as to Defendants pursuant to 28 U.S.C.
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`§ 1391 because, among other things, Defendants are not residents in the United States, and thus
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`may be sued in any judicial district pursuant to 28 U.S.C. § 1391(c)(3). Defendants, through their
`
`own acts and/or through the acts of its subsidiaries or agents, make, use, sell, and/or offer to sell
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`infringing products within this Judicial District, regularly do and solicit business in this Judicial
`
`District, and have the requisite minimum contacts with the Judicial District such that this venue is
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`a fair and reasonable.
`
`PATENTS-IN-SUIT
`
`7.
`
`On November 19, 2013, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 8,588,033 (the “’033 Patent”) entitled “Wristwatch with Electronic
`
`Display”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’033 Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/07/3c/fe/2030932c07dec3/US8588033.pdf.
`
`8.
`
`On May 16, 2017, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,651,922 (the “’922 Patent”) entitled “Wristwatch with a Touch Screen
`
`and Method for Displaying on a Touch-Screen Watch”. A true and correct copy of the ’922 Patent
`
`4
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 5 of 48 PageID #: 5
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`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/46/41/aa/e6cf42c43ea6fd/US9651922.pdf.
`
`9.
`
`On October 31, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,804,678 (the “’678 Patent”) entitled “Method and Circuit for
`
`Switching a Wristwatch from a First Power Mode to a Second Power Mode”. A true and correct
`
`copy
`
`of
`
`the
`
`’678
`
`Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/66/75/da/3c1794bd793023/US9804678.pdf.
`
`10.
`
`On February 5, 2019, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 10,198,085 (the “’085 Patent”) entitled “Method and Circuit for
`
`Switching a Wristwatch from a First Power Mode to a Second Power Mode”. A true and correct
`
`copy
`
`of
`
`the
`
`’085
`
`Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/2f/74/71/1b183d01f4d6c0/US10198085.pdf.
`
`11.
`
`On April 26, 2016, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,320,457 (the “’457 Patent”) entitled “Integrated Portable Deice and
`
`Method Implementing an Accelerometer for Analyzing Biomechanical Parameters of a Stride”. A
`
`true
`
`and
`
`correct
`
`copy
`
`of
`
`the
`
`’457
`
`Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/00/6c/f0/d788ae39a5f931/US9320457.pdf.
`
`12.
`
`On January 23, 2018, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,873,018 (the “’018 Patent”) entitled “Integrated Portable Deice
`
`and Method Implementing an Accelerometer for Analyzing Biomechanical Parameters of a
`
`Stride”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’018 Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/8e/51/b7/79c6a81c80a7e0/US9873018.pdf.
`
`5
`
`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 6 of 48 PageID #: 6
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`13.
`
`On January 3, 2017, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,536,134 (the “’134 Patent”) entitled “Athlete Performance Monitoring
`
`Device”.
`
` A
`
`true
`
`and
`
`correct
`
`copy of
`
`the
`
`’134 Patent
`
`is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/ae/cb/1e/a8c70047a23863/US9536134.pdf.
`
`14.
`
`On June 27, 2023, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 11,687,809 (the “’809 Patent”) entitled “Method and Apparatus for
`
`Predicting a Race Time”. A true and correct copy of the ’809 Patent is available at:
`
`https://patentimages.storage.googleapis.com/1b/49/0b/5abfad9eb996eb/US11687809.pdf.
`
`15.
`
`On January 16, 2024, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 11,875,696 (the “’696 Patent”) entitled “Method and Device for
`
`Retrieving Biomechanical Parameters of a Stride.” A true and correct copy of the ’696 Patent is
`
`available
`
`at:
`
`https://patentimages.storage.googleapis.com/2c/b1/e1/086452189726e3/US11875696.pdf.
`
`16.
`
`Slyde is the sole and exclusive owner of all right, title, and interest in the ’033
`
`Patent, the ’922 Patent, the ’678 Patent, the ’085 Patent, the ’457 Patent, the ’018 Patent, the ’134
`
`Patent, ’809 Patent, and the ’696 Patent (collectively, the “Patents-in-Suit”), and holds the
`
`exclusive right to take all actions necessary to enforce its rights to the Patents-in-Suit, including
`
`the filing of this patent infringement lawsuit. Slyde also has the right to recover all damages for
`
`past, present, and future infringement of the Patents-in-Suit and to seek injunctive relief as
`
`appropriate under the law.
`
`17.
`
`Slyde has at all times complied with the marking provisions of 35 U.S.C. § 287
`
`with respect to the Patents-in-Suit. Upon information and belief, prior assignees and licensees
`
`have also complied with the marking provisions of 35 U.S.C. § 287.
`
`6
`
`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 7 of 48 PageID #: 7
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`FACTUAL ALLEGATIONS
`
`18.
`
`The Patents-in-Suit generally relate to methods and apparatuses related to
`
`wristwatches with a digital display.
`
`19.
`
`The ’033 Patent generally relates to technology involving a wristwatch with an
`
`electronic display that displays a simulation of the movement of a mechanical watch. The
`
`technology described in the ’033 Patent was developed by famed watch designers Pascal Pozzo
`
`Di Borgo and Jorg Hysek. For example, the technology is implemented by infringing
`
`smartwatches with an electronic display allowing for the display of a simulated mechanical watch
`
`movement including, but not limited to, the Garmin Venue Watches, Garmin Forerunner Watches,
`
`Garmin Instinct Watches, Garmin Epix Watch, Garmin Fēinx Watches, Garmin Vívoactive
`
`Watches, Garmin Vívofit Watches, Garmin Lily Watches, Garmin Bounce Watches, Garmin
`
`MARQ Watches, Garmin Instinct Crossover Watches, Garmin Enduro Watches, Garmin Descent
`
`Watches, Garmin Approach Watches, Garmin Quatix Watches, Garmin Tactix Watches, Garmin
`
`D2 Watches, Garmin Swim Watches, among other watches that track health and fitness
`
`information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual, Garmin HRM-Pro
`
`Plus, and Garmin HTM-Fit, among other devices that track health and fitness information, alone
`
`or in combination with certain fitness applications, among other products.
`
`20.
`
`The ’922 Patent generally relates to technology involving a wristwatch with a
`
`digital matrix display, a sheet of touch-sensitive glass, and a processing circuit for interpreting
`
`signals from the touch-sensitive glass in order to make changes to what is displayed on the digital
`
`matrix display. The technology described in the ’922 Patent was developed by famed watch
`
`designers Pascal Pozzo Di Borgo and Jorg Hysek. For example, the technology is implemented
`
`by infringing smartwatches with a digital display including, but not limited to, the Garmin Venue
`
`7
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 8 of 48 PageID #: 8
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`Watches, Garmin Forerunner Watches, Garmin Instinct Watches, Garmin Epix Watch, Garmin
`
`Fēinx Watches, Garmin Vívoactive Watches, Garmin Vívofit Watches, Garmin Lily Watches,
`
`Garmin Bounce Watches, Garmin MARQ Watches, Garmin Instinct Crossover Watches, Garmin
`
`Enduro Watches, Garmin Descent Watches, Garmin Approach Watches, Garmin Quatix Watches,
`
`Garmin Tactix Watches, Garmin D2 Watches, Garmin Swim Watches, among other watches that
`
`track health and fitness information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual,
`
`Garmin HRM-Pro Plus, and Garmin HTM-Fit, among other devices that track health and fitness
`
`information, alone or in combination with certain fitness applications, among other products.
`
`21.
`
`The ’678 Patent and ’085 Patent generally relate to technology involving a
`
`wristwatch with a display which can operate in a plurality of power modes, wherein the wristwatch
`
`switches from a first power mode to a second power mode upon the detection of a gesture or
`
`wristturn through the use of a sensor. The technology described in the ’678 Patent and ’085 Patent
`
`was developed by Alex Bezinge, Adrian Mohni, Daniel Pfeifer, and Musa Dogan. For example,
`
`the technology is implemented by infringing smartwatches with a digital display and associated
`
`software including, not limited to, the Garmin Venue Watches, Garmin Forerunner Watches,
`
`Garmin Instinct Watches, Garmin Epix Watch, Garmin Fēinx Watches, Garmin Vívoactive
`
`Watches, Garmin Vívofit Watches, Garmin Lily Watches, Garmin Bounce Watches, Garmin
`
`MARQ Watches, Garmin Instinct Crossover Watches, Garmin Enduro Watches, Garmin Descent
`
`Watches, Garmin Approach Watches, Garmin Quatix Watches, Garmin Tactix Watches, Garmin
`
`D2 Watches, Garmin Swim Watches, among other watches that track health and fitness
`
`information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual, Garmin HRM-Pro
`
`Plus, and Garmin HTM-Fit, among other devices that track health and fitness information, alone
`
`or in combination with certain fitness applications, among other products.
`
`8
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 9 of 48 PageID #: 9
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`22.
`
`The ’457 Patent and ’018 Patent generally relate to technology involving a device
`
`for analyzing the biomechanical parameters of the stride of a runner. The technology described in
`
`the ’457 Patent and ’018 Patent was developed by Patrick Flaction, Jacques Quievre, and Jean-
`
`Benoit Morin. For example, the technology is implemented by infringing devices with a power
`
`source, accelerometer, chronograph, and digital processor for measuring parameters associated
`
`with a runner’s stride including, but not limited to, the Garmin Venue Watches, Garmin Forerunner
`
`Watches, Garmin Instinct Watches, Garmin Epix Watch, Garmin Fēinx Watches, Garmin
`
`Vívoactive Watches, Garmin Vívofit Watches, Garmin Lily Watches, Garmin Bounce Watches,
`
`Garmin MARQ Watches, Garmin Instinct Crossover Watches, Garmin Enduro Watches, Garmin
`
`Descent Watches, Garmin Approach Watches, Garmin Quatix Watches, Garmin Tactix Watches,
`
`Garmin D2 Watches, Garmin Swim Watches, among other watches that track health and fitness
`
`information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual, Garmin HRM-Pro
`
`Plus, and Garmin HTM-Fit, among other devices that track health and fitness information, alone
`
`or in combination with certain fitness applications, among other products.
`
`23.
`
`The ’134 Patent generally relates to technology involving an athletic performance
`
`monitoring device with an accelerometer wirelessly connected to a user-worn device with a
`
`processing system to provide athletic performance information. The technology described in the
`
`’134 Patent was developed by Patrick Flaction. For example, the technology is implemented by
`
`infringing smartwatches with a digital display including, but not limited to, the Garmin Venue
`
`Watches, Garmin Forerunner Watches, Garmin Instinct Watches, Garmin Epix Watch, Garmin
`
`Fēinx Watches, Garmin Vívoactive Watches, Garmin Vívofit Watches, Garmin Lily Watches,
`
`Garmin Bounce Watches, Garmin MARQ Watches, Garmin Instinct Crossover Watches, Garmin
`
`Enduro Watches, Garmin Descent Watches, Garmin Approach Watches, Garmin Quatix Watches,
`
`9
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 10 of 48 PageID #: 10
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`Garmin Tactix Watches, Garmin D2 Watches, Garmin Swim Watches, among other watches that
`
`track health and fitness information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual,
`
`Garmin HRM-Pro Plus, and Garmin HTM-Fit, among other devices that track health and fitness
`
`information, alone or in combination with certain fitness applications, among other products.
`
`24.
`
`The’696 Patent generally relates to a method and apparatus for determining the
`
`biomechanical parameters of a runner’s stride using an accelerometer device worn on the runner’s
`
`body. The technology described in the ’696 Patent was developed by Jérôme Corre, Steve
`
`DeVènes, Frédéric Lamon, Stefan Hochuli Paychère, and Christophe Ramstein. For example, the
`
`technology is implemented by infringing devices with an accelerometer measuring parameters
`
`associated with a runner’s stride including, but not limited to, the Garmin Venue Watches, Garmin
`
`Forerunner Watches, Garmin Instinct Watches, Garmin Epix Watch, Garmin Fēinx Watches,
`
`Garmin Vívoactive Watches, Garmin Vívofit Watches, Garmin Lily Watches, Garmin Bounce
`
`Watches, Garmin MARQ Watches, Garmin Instinct Crossover Watches, Garmin Enduro Watches,
`
`Garmin Descent Watches, Garmin Approach Watches, Garmin Quatix Watches, Garmin Tactix
`
`Watches, Garmin D2 Watches, Garmin Swim Watches, among other watches that track health and
`
`fitness information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual, Garmin HRM-
`
`Pro Plus, and Garmin HTM-Fit, among other devices that track health and fitness information,
`
`alone or in combination with certain fitness applications, among other products.
`
`25.
`
`The ’809 Patent generally relates to a method and apparatus for predicting a race
`
`time, a probability of achieving a target time by the end of a race, and/or measurement of an
`
`athlete’s pace relative to the target time. The technology described in the ’809 Patent was
`
`developed by Cyrille Gindre, Frederic Lamon. Christophe Ramstein, and Patrick Flaction. For
`
`example, the technology is implemented by infringing devices that monitor an athlete’s pace in
`
`10
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 11 of 48 PageID #: 11
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`various types of exercises including, but not limited to, the Garmin Venue Watches, Garmin
`
`Forerunner Watches, Garmin Instinct Watches, Garmin Epix Watch, Garmin Fēinx Watches,
`
`Garmin Vívoactive Watches, Garmin Vívofit Watches, Garmin Lily Watches, Garmin Bounce
`
`Watches, Garmin MARQ Watches, Garmin Instinct Crossover Watches, Garmin Enduro Watches,
`
`Garmin Descent Watches, Garmin Approach Watches, Garmin Quatix Watches, Garmin Tactix
`
`Watches, Garmin D2 Watches, Garmin Swim Watches, among other watches that track health and
`
`fitness information; Garmin HRM-Pro, Garmin HRM-Swim, Garmin HRM-Dual, Garmin HRM-
`
`Pro Plus, and Garmin HTM-Fit, among other devices that track health and fitness information,
`
`alone or in combination with certain fitness applications, among other products.
`
`26.
`
`Garmin has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
`
`offer to sell, and/or importing, products including, but not limited, to smart watches with electronic
`
`displays and associated software.
`
`COUNT I
`(Infringement of the ’678 Patent)
`
`Paragraphs 1 through 26 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`27.
`
`28.
`
`sale, sell, or import any products that embody the inventions of the ’678 Patent.
`
`29.
`
`Defendants have and continue to directly infringe the ’678 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’678 Patent. Such products include smartwatches
`
`with gesture detection for switching power modes including, but not limited to, the Garmin
`
`Forerunner 965, among other products.
`
`11
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`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 12 of 48 PageID #: 12
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`30.
`
`For example, Defendants have and continue to directly infringe at least claim 14 of
`
`the ’678 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches with gesture detection for switching power modes, such as the
`
`Garmin Forerunner 965, among other products.
`
`31.
`
`For example, the Garmin Forerunner 965 comprises a wristwatch which can be
`
`operated in a plurality of power modes, including a first power mode and a second power mode
`
`(e.g., “on” or “off” and/or “low power mode” or “normal power mode”).
`
`
`
`5
`
`
`5 See Garmin Forerunner 965 Watch Owner’s Manual at pp. 118-119, available at:
`https://www8.garmin.com/manuals/webhelp/GUID-0221611A-992D-495E-8DED-
`1DD448F7A066/EN-US/Forerunner_965_OM_EN-US.pdf
`
`12
`
`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 13 of 48 PageID #: 13
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`32.
`
`The Garmin Forerunner 965 comprises a display (i.e., the 1.4” diameter AMOLED
`
`display).6 The Garmin Forerunner 965 comprises a microcontroller (e.g., the Garmin Forerunner
`
`965’s processor). The Garmin Forerunner 965 comprises a touch panel underneath a cover glass
`
`of the wristwatch for detecting a gesture on the cover glass. The Garmin Forerunner 965 comprises
`
`a touch controller for interpreting touch signal provided by the touch panel and for converting the
`
`signals into command signals. The Garmin Forerunner 965 comprises an inertial sensor
`
`comprising an accelerometer and a processor, said accelerometer being arranged for generating an
`
`acceleration signal and the processor being arranged for discriminating between gesture and no
`
`gesture based on a direction of the acceleration signal as measured by the accelerometer being a
`
`three dimensional accelerometer, and on a slope or frequency of the acceleration signal, while the
`
`microcontroller and the touch controller are in a sleep power mode.
`
`7
`
`33.
`
`The Garmin Forerunner 965 comprises a touch controller, wherein the controller is
`
`commanded so as to be switched to the second power mode upon gesture detection by the inertial
`
`sensor and for detecting a tap gesture on the cover glass with the touch panel. The Garmin
`
`Forerunner 965 comprises a microcontroller, wherein the microcontroller is arranged for
`
`controlling a display of indication on the display and commanded to be switched to the second
`
`
`6 https://www.garmin.com/en-US/p/886725#overview
`7 See Garmin Forerunner 965 Watch Owner’s Manual at p. 81, available at:
`https://www8.garmin.com/manuals/webhelp/GUID-0221611A-992D-495E-8DED-
`1DD448F7A066/EN-US/Forerunner_965_OM_EN-US.pdf
`
`13
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`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 14 of 48 PageID #: 14
`
`power mode upon a tap gesture detection by the touch controller and for discriminating between
`
`gesture and no gesture, based at least on signals from the touch panel.
`
`34.
`
`For example, the Garmin Forerunner 965 has power saving modes, wherein the user
`
`wearing the Garmin Forerunner 965 can raise and turn their arm to look at the screen in order to
`
`turn the screen from “sleep” to “awake”, or by tapping the screen.
`
`8
`
`35.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’678
`
`Patent by knowingly and intentionally inducing others, including Garmin customers and end-users,
`
`to directly infringe, either literally or under the doctrine of equivalents, by making, using, offering
`
`to sell, selling and/or importing into the United States products that include infringing technology,
`
`such as smartwatches with gesture detection for switching power modes.
`
`36.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’678 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`
`8 See Garmin Forerunner 965 Watch Owner’s Manual at p. 118, available at:
`https://www8.garmin.com/manuals/webhelp/GUID-0221611A-992D-495E-8DED-
`1DD448F7A066/EN-US/Forerunner_965_OM_EN-US.pdf
`
`14
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 15 of 48 PageID #: 15
`
`continue to knowingly and intentionally induce, direct infringement of the ’678 Patent by
`
`providing these products to end-users for use in an infringing manner. Alternatively, on
`
`information and belief, Defendants have adopted a policy of not reviewing the patents of others,
`
`including specifically those related to Defendants’ specific industry, thereby remaining willfully
`
`blind to the Patent-in-Suit at least as early as the issuance of the Patents-in-Suit.
`
`37.
`
`Defendants have induced infringement by others, including end-users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end-users, infringe the ’678 Patent, but while remaining willfully
`
`blind to the infringement. Defendants have and continue to induce infringement by their customers
`
`and end-users by supplying them with instructions on how to operate the infringing technology in
`
`an infringing manner, while also making publicly available information on the infringing
`
`technology via Defendants’ website, product literature and packaging, and other publications.9
`
`38.
`
`Slyde has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’678 Patent in an amount to be proven at trial.
`
`39.
`
`Slyde has suffered, and will continue to suffer, irreparable harm as a result of
`
`Defendants’ infringement of the ’678 Patent, for which there is no adequate remedy at law, unless
`
`Defendants’ infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’085 Patent)
`
`Paragraphs 1 through 26 are incorporated by reference as if fully set forth herein.
`
`Slyde has not licensed or otherwise authorized Defendants to make, use, offer for
`
`
`40.
`
`41.
`
`
`9 See, generally, Garmin Forerunner 965 Watch Owner’s Manual, available at:
`https://www8.garmin.com/manuals/webhelp/GUID-0221611A-992D-495E-8DED-
`1DD448F7A066/EN-US/Forerunner_965_OM_EN-US.pdf
`
`15
`
`

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`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 16 of 48 PageID #: 16
`
`sale, sell, or import any products that embody the inventions of the ’085 Patent.
`
`42.
`
`Defendants have and continue to directly infringe the ’085 Patent, either literally or
`
`under the doctrine of equivalents, without authority and in violation of 35 U.S.C. § 271, by making,
`
`using, offering to sell, selling, and/or importing into the United States products that satisfy each
`
`and every limitation of one or more claims of the ’085 Patent. Such products include smartwatches
`
`which detect orientation and switch power modes including, but not limited to, the Garmin
`
`Forerunner 965, among other products.
`
`43.
`
`For example, Defendants have and continue to directly infringe at least claim 1 of
`
`the ’085 Patent by making, using, offering to sell, selling, and/or importing into the United States
`
`products that include smartwatches which detect orientation and switch power modes, such as the
`
`Garmin Forerunner 965, among other products.
`
`44.
`
`For example, the Garmin Forerunner 965 performs a method for switching a
`
`wristwatch from a first power moder to a second power mode (e.g., “on” or “off” and/or “low
`
`power mode” or “normal power mode”).
`
`16
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 17 of 48 PageID #: 17
`
`45.
`
`The Garmin Forerunner 965 performs the step of using an accelerometer for
`
`detecting a wristturn.
`
`10
`
`11
`
`46.
`
`The Garmin Forerunner 965 performs the step of switching the wristwatch from the
`
`first power mode to the second power mode when a wristturn has been detected. The Garmin
`
`Forerunner 965 performs the step of detecting a wristturn which comprises detecting that an
`
`orientation of the wristwatch is in a starting position, wherein the step of detecting that the
`
`orientation is in a starting position comprises detecting that the orientation of the wristwatch is
`
`held within a first range for a defined time. The Garmin Forerunner 965 performs the step of
`
`detecting that an orientation of the wristwatch is then in a final position, wherein the step of
`
`
`
`10 Id. at p. 118.
`
`11 Id. at p. 81.
`
`17
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`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 18 of 48 PageID #: 18
`
`detecting that the orientation is in the final position comprises detecting that the orientation is in a
`
`second range different from the first range. In response to a detection that the orientation of the
`
`wristwatch is in the second range, the Garmin Forerunner 965 performs the step of detecting that
`
`the wristwatch remains substantially immobile during a predetermined duration and that a duration
`
`between the starting position and the final position is in a predefined range.
`
`47.
`
`For example, the Garmin Forerunner 965 has power saving modes, wherein the user
`
`wearing the Garmin Forerunner 965 can turn the screen from “off” to “on” by changing its
`
`orientation, such as through a wristturn.
`
`48.
`
`Defendants have and continue to indirectly infringe one or more claims of the ’085
`
`Patent by knowingly and intentionally inducing others, including Garmin customers and end-users,
`
`to directly infringe, either literally or under the doctrine of equivalents, by making, using, offering
`
`to sell, selling and/or importing into the United States products that include infringing technology,
`
`such as smartwatches with gesture detection for switching power modes.
`
`49.
`
`Defendants, with knowledge that these products, or the use thereof, infringe the
`
`’085 Patent at least as of the date of this Complaint, knowingly and intentionally induced, and
`
`continue to knowingly and intentionally induce, direct infringement of the ’085 Patent by
`
`providing these products to end-users for use in an infringing manner. Alternatively, on
`
`information and belief, Defendants have adopted a policy of not reviewing the patents of others,
`
`including specifically those related to Defendants’ specific industry, thereby remaining willfully
`
`blind to the Patent-in-Suit at least as early as the issuance of the Patents-in-Suit.
`
`50.
`
`Defendants have induced infringement by others, including end-users, with the
`
`intent to cause infringing acts by others or, in the alternative, with the belief that there was a high
`
`probability that others, including end-users, infringe the ’085 Patent, but while remaining willfully
`
`18
`
`

`

`Case 2:24-cv-00215 Document 1 Filed 03/27/24 Page 19 of 48 PageID #: 19
`
`blind to the infringement. Defendants have and continue to induce infringement by their customers
`
`and end-users by supplying them with instructions on how to operate the infringing technology in
`
`an infringing manner, while also making publicly available information on the infringing
`
`technolo