LAMKIN IP DEFENSE
`Rachael D. Lamkin (246066)
`One Harbor Drive, Suite 304
`Sausalito, CA 94965
`(916) 747-6091 Telephone
`RDL@LamkinIPDefense.com
`
`Michelle L. Marriott (pro hac vice)
`michelle.marriott@eriseip.com
`Erise IP, P.A.
`7015 College Blvd.
`Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Telephone
`(913) 777-5601 Facsimile
`
`Attorneys for Defendants Garmin International, Inc.
`and Garmin Ltd.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`Case No. 2:19-cv-06301-AB-KS
`
`GARMIN’S P.R. 3-3 DISCLOSURES
`
`PHILIPS NORTH AMERICA LLC,
`Plaintiff,
`
`v.
`GARMIN INTERNATIONAL, INC. AND
`GARMIN LTD.,
`
`Defendants.
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`Defendants’ PR 3-3 Disclosures
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 1 of 115
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`

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`Pursuant to the Court’s Case Scheduling Order in the above captioned case, and Patent Local
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`Rule 3-3 of the Northern District of California, Defendants Garmin International, Inc. and Garmin
`
`Ltd. (collectively “Garmin”) hereby serve their Invalidity Contentions (“Invalidity Contentions”).
`
`Garmin offers these Invalidity Contentions in response to Plaintiff’s P.R. 3-1 Disclosures
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`(“Infringement Contentions”) served on March 2, 2020 as supplemented March 27, 2020 addressing
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`how claims 7 and 21-29 of U.S. Patent No. 6,013,007 (the ’007 Patent), claims 1, 7-10, 13-16, 22,
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`and 24-26 of U.S. Patent No. 7,088,233 (the ’233 Patent), claims 1, 4-6, 9 and 12 of U.S. Patent No.
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`8,277,377 (the ’377 Patent), claims 15-17 of U.S. Patent No. 6,976,958 (the ’958 Patent), claims 1,
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`3, 5, and 20 of U.S. Patent No. 9,314,192, and claims 13 and 15 of U.S. Patent No. 9,801,542
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`(the ’542 Patent) (collectively referred to herein as the “Asserted Patents” or “Asserted Claims”), are
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`invalid.
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`Pursuant to P.R. 3-3, and based on Defendants’ investigation and knowledge developed to
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`date, Garmin hereby (a) identifies each currently known item of prior art that anticipates and/or
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`renders obvious the Asserted Claims; (b) specify whether each such items of prior art (alone or in
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`combination) anticipates the Asserted Claims or renders them obvious, including an explanation of
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`why the prior art renders the asserted claims obvious, including an identification of any combinations
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`of prior art showing obviousness; (c) provide claim charts identifying where specifically in each item
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`of prior art ach element of the Asserted Claims is found, including for each limitation governed by
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`35 U.S.C. 112(6), the identity of the structure(s), act(s) or material(s) in each item of prior art that
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`performs the claimed function; and (d) any grounds of invalidity based on 35 U.S.C. 101,
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`indefiniteness under 35 U.S.C. 112(2) or enablement or written description under 35 U.S.C. 112(1)
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`of any of the asserted claims. Garmin takes no opinion with respect to any claims that are not asserted
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`against Garmin and reserves its right to supplement these Invalidity Contentions should the Court
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`permit Plaintiff Philips North America (“Philips” or “Plaintiff”) to assert new claims against Garmin.
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
`
`2
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 2 of 115
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`I.
`
`RESERVATIONS
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`A. General Reservations
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`Garmin incorporates by reference any and all other bases for invalidity identified during
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`prosecution or any other proceeding before the United States Patent and Trademark Office
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`(“USPTO”) regarding the Asserted Patents, or any other patents in the same family as any Asserted
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`Patent. Garmin additionally incorporates by reference any and all other invalidity contentions and
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`expert reports, including any references or arguments set forth therein, that have been or will be
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`served in this case or any other case brought by or against Philips and/or involving the Asserted
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`Patents. This includes without limitation the invalidity contentions and expert reports served in at
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`least Philips North America LLC v. FitBit, Inc., No. 1:19-cv-11586-IT (D. Mass.).
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`In addition, Garmin incorporates herein all statements made by the patentee(s) during
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`prosecution of the Asserted Patents and any other patents in the same family characterizing the state
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`of the art or characterizing the prior art. Garmin also incorporates relevant statements about the state
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`of the art and prior art made by the USPTO during prosecution. To the extent that Plaintiff takes
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`positions in this litigation (for example, in its Infringement Contentions or Claim Construction
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`proceedings) that differ from positions taken by the patentee during prosecution of the Asserted
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`Patents or related patents, Garmin reserves the right to amend these Invalidity Contentions to include
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`the patentee’s positions previously taken during prosecution.
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`B. Asserted Claims
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`These Invalidity Contentions address only those claims that Plaintiff has asserted in its
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`Infringement Contentions against Garmin. Garmin reserves the right to supplement these Invalidity
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`Contentions if Plaintiff attempts to assert any claims not addressed in its Infringement Contentions
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`or attempts to modify or revise the Infringement Contentions served in March 2020 in any way.
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`C. Ongoing Discovery
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
`
`3
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 3 of 115
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`Garmin discloses these Invalidity Contentions based on its current knowledge and
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`understanding of the prior art as of the date of these Invalidity Contentions. Discovery is ongoing,
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`and Garmin’s prior art investigation is not yet complete. Furthermore, Garmin’s investigation from
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`potentially relevant third parties is not yet complete. Additional discovery and investigation,
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`including but not limited to Plaintiff’s or third-party production of relevant additional materials, may
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`lead to additions to, changes in, or modifications of these Invalidity Contentions. Garmin expects
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`that further discovery will reveal additional prior art, including related disclosures and corresponding
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`evidence for many of the prior art references identified below. Additionally, it is likely that Garmin
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`will identify additional prior art or contentions that will add meaning to and/or increase the relevance
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`of already known prior art or contentions or possibly lead to additions or changes to these invalidity
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`contentions. In particular, for example, Garmin may serve subpoenas on, and/or take depositions of,
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`Plaintiff and third parties, and expects to rely on such information to support its invalidity positions.
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`To the extent Garmin obtains additional information, and without obligating itself to do so, Garmin
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`reserves the right to amend, modify, or supplement these Invalidity Contentions.
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`Plaintiff has not produced all prior art materials and/or information relevant to invalidity
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`issues that is in its possession, custody and/or control. Plaintiff’s production of those materials and/or
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`information may lead to additions to, changes in, or modifications of these Invalidity Contentions.
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`Nor has Garmin had the opportunity to depose Plaintiff or the patent applicants regarding the notes,
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`records, reports or similar materials prepared in conjunction with the supposed inventions’
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`conception and reduction to practice. As such, Garmin reserves the right to revise, amend, and/or
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`supplement the information provided herein, including identifying, charting, and relying on
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`additional references or combinations of references.
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`These Invalidity Contentions, therefore, are provided without prejudice to Garmin’s right to
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`revise, amend, correct, supplement, modify, or clarify their Invalidity Contentions. Defendants also
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`4
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
`
`IPR2020-00910
`Philips North America LLC EX2004
`Page 4 of 115
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`reserve the right to complete its investigation and discovery of the facts, to produce subsequently
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`discovered information, and to introduce such subsequently discovered information at the time of
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`any hearing or trial in this action.
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`D. Claim Interpretation
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`Unless otherwise stated herein, Garmin takes no position on any matter of claim
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`interpretation, including any application or interpretation of claim construction orders in related
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`cases, in these Invalidity Contentions. Garmin notes that no claim construction order has been issued
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`in this case. Garmin reserves the right to propose any claim interpretation it considers correct and to
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`contest any claim interpretation it considers inappropriate. Without conceding any express or implied
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`claim interpretation apparently posited by Plaintiff, Garmin has attempted to apply the Asserted
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`Claims to the prior art in view of Plaintiffs Infringement Contentions, as well as other allegations,
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`admissions, and/or positions taken so far in this litigation.
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`In addition, the identification of exemplary disclosures in the prior art that anticipate or render
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`obvious a particular claim element should in no way be construed as an admission that the claim
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`element satisfies the requirements of 35 U.S.C. §112. In those instances where Defendants assert that
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`the Asserted Claims are invalid under 35 U.S.C. §112 (e.g., for failure to particularly point out and
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`distinctly claim the invention and for failure to provide written description support in the
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`specification and/or lack of enablement), Garmin has applied the prior art in part in accordance with
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`its assumption that Plaintiff contends the Asserted Claims are definite, find written description
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`support in, and are enabled by the relevant Patents-in-Suit. However, Garmin’s prior art Invalidity
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`Contentions do not represent Garmin’s agreement as to the meaning, definiteness, written description
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`support for, or enablement of any claim contained therein. Garmin therefore reserves the right to
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`argue that certain claim terms, phrases, and elements are indefinite, lack written description, are not
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`5
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
`
`IPR2020-00910
`Philips North America LLC EX2004
`Page 5 of 115
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`enabled, and/or are otherwise invalid under 35 U.S.C. § 112, as exemplified below. Defendants
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`further reserve the right to modify, amend, and/or supplement these Invalidity Contentions in
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`accordance with P.L.R. 3-6.
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`Garmin makes these Invalidity Contentions to the extent it has been able to understand or
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`ascertain Plaintiff’s apparent interpretation of the Asserted Claims of the Asserted Patents from
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`Plaintiff’s Infringement Contentions. In some instances, Plaintiff’s Infringement Contentions
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`contradict the teachings of the Asserted Patents, contradict the understanding of the claim terms by
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`a person of ordinary skill in the art, and are vague and conclusory concerning how the claim
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`limitations supposedly read on the accused products
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`Nothing herein should be construed as an admission that Garmin agrees with Plaintiff’s
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`apparent interpretation of the claims or that Plaintiff’s Infringement Contentions are legally
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`sufficient. By including prior art that is anticipatory or renders obvious claims based on the
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`interpretation apparently applied by Plaintiff to the claims, Garmin’s Invalidity Contentions are not-
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`and should not be interpreted as-adoptions or admissions as to the accuracy of any of Plaintiffs
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`apparent interpretations. Garmin does not agree with Plaintiffs application of the claims and denies
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`infringement.
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`These contentions and the accompanying claim charts have been prepared prior to the Court's
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`claim construction ruling or service of claim construction positions from Plaintiff. Garmin’s
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`positions on the invalidity of particular claims will depend on how those claims and terms therein
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`are construed by the Court. In the absence of a claim construction ruling, these contentions are made
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`in the alternative and are not necessarily intended to be consistent with each other and other Invalidity
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`Contentions herein.
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`Garmin reserves all rights to amend or supplement these Invalidity Contentions pursuant to
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`P.L.R. 3-6. By including, in this disclosure, prior art or other contentions that would invalidate one
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 6 of 115
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`or more of the Asserted Claims of the Asserted Patents on the scope or construction apparently
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`applied by Plaintiff to the claims, Garmin’s contentions are not, and should in no way be seen as,
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`adoptions or admissions as to the accuracy of that scope or construction, nor an assertion of a
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`particular construction by Garmin.
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`D. Rebuttal Evidence
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`Additional prior art, whether known or not known to Garmin as of the date of these
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`contentions, may become relevant depending on Plaintiff’s arguments regarding the scope of the
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`disclosure of the prior art identified herein. To the extent that such an issue arises, Garmin reserves
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`the right to supplement these Invalidity Contentions to address Plaintiff’s arguments or challenges,
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`and to identify other references that would anticipate or render obvious the allegedly missing
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`limitation(s).
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`E. Obviousness Combinations
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`The particular combinations of prior art references contained herein demonstrating the
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`obviousness of the Asserted Claims under 35 U.S.C. 103 are exemplary, and not intended to be
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`exhaustive. All such combinations are intended to include and be in view of the knowledge of a
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`person of ordinary skill in the art, as evidenced, for example, by prior art references and other
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`materials produced by Garmin concurrently with these contentions and in the course of ongoing
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`discovery. Additional obviousness combinations of the identified prior art references are possible,
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`and Garmin reserves the right to use any such combination(s) in this litigation. In particular, Garmin
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`is currently unaware of the extent, if any, to which Plaintiff will contend that limitations of the claims
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`at issue are not disclosed in the art that Garmin has identified as anticipatory. To the extent Plaintiff
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`does so, Garmin reserves the right to identify other evidence or references that anticipate or render
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`obvious the additional allegedly missing limitation.
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`F. Additional Prior Art
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 7 of 115
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`Discovery and Garmin’s investigation, including Garmin’s search for prior art, is ongoing.
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`In particular, Garmin requests that Plaintiff identify and produce anything that has been called to
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`Plaintiff’s attention as prior art with respect to the Asserted Patents and documents related to any
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`invalidity contentions and/or issues for this litigation, including but not limited to invalidity
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`contentions, expert reports and/or prior art references. Garmin reserves the right to rely on its entire
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`prior art document production (designated with the “PA” prefix), regardless of whether it is charted
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`or not.
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`To the extent Plaintiff becomes aware of additional prior art during this litigation, Plaintiff is
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`to promptly disclose that art to Garmin. To the extent Plaintiff’s document production is incomplete
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`with respect to documents relating to the invalidity of the Asserted Patents, which is the case, Garmin
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`reserves the right to supplement, amend and/or alter the positions taken and information disclosed in
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`these Invalidity Contentions if and when Plaintiff or a third party produces additional relevant
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`materials. To the extent any limitation is construed to have a similar meaning, or to encompass
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`similar feature(s) and/or function(s), with any other claim limitation, and to the extent at least on
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`claim chart attached hereto identifies any prior art reference as disclosing or teaching such similarly
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`construed limitation, such identified prior art reference and Garmin’s contentions with respect to the
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`same, are incorporated by reference for the other claim limitation.
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`Garmin further reserves the right to supplement, amend, and/or alter the positions taken and
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`information disclosed in this Invalidity Contentions including, without limitation the prior are and
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`grounds of invalidity set forth herein, to take into account information or defenses that may come to
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`light as a result of Garmin’s discovery efforts. Garmin hereby incorporates by reference the relevant
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`testimony of any fact witnesses that are or will be deposed, provide declarations, or otherwise testify
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`in this or other litigation relating to the Asserted Patents. Garmin also hereby incorporates by
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 8 of 115
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`reference the reports and testimony of Garmin’s expert witness(es) regarding invalidity of the
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`Asserted Claims, which will be provided in accordance with the schedule set forth by the Court.
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`G. Priority
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`Plaintiff’s Infringement Contentions identify Plaintiff’s position regarding the priority date
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`to which certain claims are allegedly entitled. However, Plaintiff has made no specific disclosure
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`regarding conception and reduction to practice of the Asserted Patents, and has not disclosed that it
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`is relying on any documentation regarding conception and reduction to practice in support of its
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`priority contentions. Accordingly, nothing herein should be construed as an admission that Garmin
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`agrees with Plaintiff’s priority claims or contentions that the asserted claims are entitled to priority
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`earlier than the filing date of the application from which the claim issued. Garmin’s Invalidity
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`Contentions are not-and should not be interpreted as-adoptions or admissions as to the accuracy of
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`any of Plaintiff’s contention, and for many of the claims Garmin expressly disagrees with Plaintiff’s
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`contention. Garmin notes that entitled to a priority date extends only to subject matter that is
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`disclosed, not that which is obvious. Therefore, every priority application must actually or inherently
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`disclose the elements of the asserted claims in the Asserted patents. To benefit from earlier priority
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`dates, Plaintiff must prove that each Asserted Claim of the Asserted patents is supported by the
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`written description in every patent or application in the chain of priority in sufficient detail that one
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`skilled in the art can clearly conclude that the inventor invented the claimed invention as of the filing
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`date sought. Because Garmin’s Invalidity Contentions establish a prima facie case of invalidity of
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`all Asserted Claims of the Asserted Patents based at least as of their filing dates, it is Plaintiff’s
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`burden to come forward with evidence to prove alleged entitlement of any Asserted Patent to any
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`earlier-filed patent(s) or application(s). To the extent that Plaintiff attempts to satisfy this burden
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`and/or succeeds in doing so, Garmin reserves the right to amend its Invalidity Contentions to account
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`for Plaintiff’s allegations and/or earlier priority dates.
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 9 of 115
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`II.
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`P.L.R. 3-3 Disclosures
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`The concepts disclosed and claimed in the Asserted Patents are not new and had been
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`disclosed and actively practiced by others prior to the claimed invention date. The prior art includes
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`various documents, products, patents, and inventions that separately and together render the Asserted
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`Claims invalid. And as further described below, the Asserted Claims are invalid for failure to satisfy
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`35 U.S.C. §101 and §112.
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`The Invalidity Contentions are based on Garmin’s present knowledge, Plaintiff’s apparent
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`interpretation of the asserted claims and application of that claim interpretation to accused products,
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`and Garmin’s investigation regarding invalidity of the Asserted Patents over prior art and regarding
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`other grounds of invalidity, including those based on the public use and on-sale bars under 35 U.S.C.
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`§ 102(b), anticipation under 35 U.S.C. § 102, obviousness under 35 U.S.C. § 103, failure to comply
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`with 35 U.S.C. § 112, unpatentability under 35 U.S.C. §101, and under 35 U.S.C. § 102(g). There
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`may be products that were known or in public use prior to the filing dates of the applications leading
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`to the Asserted Patents, but Garmin must first obtain additional information regarding these products
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`using available discovery tools.
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`A. Identification of Prior Art
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`Garmin identifies the following references that anticipate and/or render obvious the Asserted
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`Claims, either expressly or inherently as understood by a person having ordinary skill in the art,
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`depending on the Court’s interpretation of the claim.
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`Garmin asserts that the prior art listed or identified in Exhibits A1 through F27, individually
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`or in combination, including individually in combination with the knowledge of one of ordinary skill
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`in the art, invalidate the Asserted Claims of the Asserted Patents. Exhibits A1 through F27,
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`incorporated herein, identify each item of prior art that Garmin contends anticipates each asserted
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`claim or renders it obvious. Each prior art patent is identified by its number, country of origin, and
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`DEFENDANTS’ P.R. 3-3 DISCLOSURES
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`date of issue; each prior art publication is identified by its title, date of publication, and
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`author/publisher; and each alleged sale or public use is identified by specifying the item offered for
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`sale or publicly used or known, the date the offer or use took place or the information became known,
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`and the identity of the person or entity which made the use or which made and received the offer, or
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`the person or entity which made the information known or to whom it was made known; and prior
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`art under 35 U.S.C. 102(g) is identified by providing the identities of the person(s) or entities
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`involved in and the circumstances surrounding the making of the invention before the patent
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`applicant(s).
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`Garmin’s identification of patents and publications as prior art herein, and in the attached
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`charts under 35 U.S.C. §§ 102(a), (b), (e), and/or (g), and §103, includes both the patents and
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`publications themselves as well as the products and systems described therein (and use thereof in the
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`United States). Although Garmin’s investigations continue, information available to date indicates
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`that such products and systems: (1) were known or used in this country before the alleged invention
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`of the claimed subject matter of the asserted claims, (2) were in public use and/or on sale in this
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`country more than one year before the filing date of the patent, and/or (3) were invented in this
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`country by another who did not abandon, suppress, or conceal, before the alleged invention of the
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`claimed subject matter of the asserted claim. Upon information and belief, these prior art products
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`and systems and their associated patents and/or printed publications individually anticipate and/or
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`render obvious (collectively or individually) each of the asserted claims.
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`To the extent that they are prior art, Garmin also reserves the right to rely upon (i) foreign
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`counterparts of U.S. Patents identified in these Invalidity Contentions, (ii) U.S. counterparts of
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`foreign patents and foreign patent applications identified in these Invalidity Contentions, (iii) U.S.
`
`related applications and patents, including published patent applications, of U.S. patents identified
`
`in these Invalidity Contentions; (iv) prior art activities discussed in, or related to, patents and
`
`
`
`
`
`11
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`Philips North America LLC EX2004
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`publications identified in these Invalidity Contentions; (v) activities or other work performed by
`
`named inventors or assignees of the patents and publications identified in these Invalidity
`
`Contentions, and (vi) U.S. and foreign patents and patent applications corresponding to articles and
`
`publications identified in these Invalidity Contentions.
`
`1.
`
`Prior art to the ’233 patent
`
`The following prior art patents, publications, and publicly disclosed systems are prior art to
`
`the Asserted Claims of the ’233 patent under at least 35 U.S.C. §§ 102(a), (b), (e), (g), and/or 35
`
`U.S.C. § 103, as indicated in at least the charts and prose set forth below as served simultaneously.
`
`Patent / Application No.
`
`Country Filing Date
`
`U.S.
`
`U.S.
`
`U.S. Patent Application Publication
`No. 20030004424 (“Birnbaum”)
`U.S. Patent No. 6,898,550
`(“Blackadar”)
`U.S. Patent No. 7,689,437 (“Teller”) U.S.
`U.S. Patent No. 7,670,263 (“Ellis”)
`U.S.
`International Publication No. WO
`WO
`2002067449A2 (“Ellis PCT”)
`U.S. Patent No. 6,539,336 (“Vock”) U.S.
`U.S. Patent No. 6,736,759 (“Stubbs”) U.S.
`U.S. Patent 6,605,038 (“Teller II”)
`U.S.
`U.S. Patent No. 6,171,237
`U.S.
`(“Avitall”)
`U.S. Patent No. 5,416,468
`(“Baumann”)
`U.S. Patent No. 5,752,976 (“Duffin”) U.S.
`U.S. Patent No. 6,160,986 (“Gabai”) U.S.
`
`U.S.
`
`U.S. Patent No. 6,366,871 (“Geva”)
`U.S. Patent No. 6,447,448
`(“Ishikawa”)
`U.S. Patent No. 6,198,394
`(“Jacobsen”)
`U.S. Patent No. 5,950,632 (“Reber
`632”)
`U.S. Patent No. 5,961,451 (“Reber
`451”)
`U.S. Patent No. 6,175,752 (“Say”)
`
`U.S.
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`June 28, 2001
`
`Issue /
`Publication Date
`January 2, 2003
`
`August 21, 2000
`
`May 24, 2005
`
`March 20, 2010
`June 16, 2000
`March 2, 2010
`August 20, 2003
`February 19, 2002 August 29, 2002
`
`March 25, 2003
`June 2, 1998
`November 9, 1999 May 18, 2004
`June 23, 2000
`August 12, 2003
`March 30, 1998
`January 9, 2001
`
`October 29, 1993 May 16, 1995
`
`June 23, 1995
`May 19, 1998
`
`May 19, 1998
`December 12,
`2000
`April 2, 2002
`March 3, 1999
`September 10,
`December 30,
`2002
`1999
`December 5, 1996 March 6, 2001
`
`March 3, 1997
`
`April 7, 1997
`
`September 14,
`1999
`October 5, 1999
`
`April 30, 1998
`
`January 16, 2001
`
`
`
`
`
`
`12
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`IPR2020-00910
`Philips North America LLC EX2004
`Page 12 of 115
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`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`U.S. Patent No. 5,319,355
`(“Russek”)
`International Pub. No. WO 00/32258
`(“Aasmul”)
`U.S. Patent No. 5,822,715
`(“Worthington”)
`U.S. Patent No. 5,574,979 (“West
`979”)
`U.S. Patent No. 5,828,751
`(“Walker”)
`U.S. Patent No. 6,255,800 (“Bork”)
`U.S. Patent No. 6,602,191 (“Quy”)
`
`U.S.
`
`WO
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`U.S.
`
`U.S.
`
`U.S.
`
`U.S. Patent No. 5,530, 702
`(“Palmer”)
`U.S. Patent No. 5,945,920
`(“Maletsky”)
`U.S. Patent No. 5,963,144 (“Kruest”) U.S.
`International Pub. No. WO 98/24358
`WO
`(“Fenson”)
`
`
`July 10, 1991
`
`November 30,
`1999
`April 18, 1997
`
`June 3, 1994
`
`April 8, 1996
`
`Issue /
`Publication Date
`June 7, 1994
`
`June 8, 2000
`
`October 13, 1998
`
`November 12,
`1996
`October 27, 1998
`
`January 3, 2000
`December 15,
`2000
`May 31, 1994
`
`July 3, 2001
`August 5, 2003
`
`June 25, 1996
`
`December 10,
`1997
`May 30, 1997
`December 2, 1997
`
`August 31, 1999
`
`October 5, 1999
`June 11, 1998
`
`Patent / Application No.
`
`Country Filing Date
`
`Title
`“Personal Area Networks (PAN): Near-
`Field Intra-Body Communication”
`Specification of the Bluetooth System
`v1.0 B
`Wideband Local Access: Wireless LAN
`and Wireless ATM
`
`System
`
`GPS II Plus
`NavTalk Cellular Phone/GPS Receiver
`Bluetooth System
`Polar S610, S710, S810 Watches
`BodyMedia System including but not
`limited to SenseWear Body Monitors,
`InnerView Research Software,
`SenseWear Pro Armband, SenseWear Pro
`Transceiver
`
`Date Published
`September 1995
`
`December 1999
`
`October 1997
`
`Publicly known,
`used, or sold by
`at least
`1997
`January 1999
`1999
`April 2001
`2001
`
`Publisher
`Massachusetts Institute of
`Technology
`Bluetooth Special Interest
`Group
`Kaveh Pahlavan, Ali
`Zahedi, and Prashant
`Krishnamurthy for IEEE
`Communication Society
`Magazine
`
`Associated Individuals
`or Entities
`
`Garmin
`Garmin
`Bluetooth
`Polar Electro
`BodyMedia
`
`
`
`13
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`
`IPR2020-00910
`Philips North America LLC EX2004
`Page 13 of 115
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`

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`15
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`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
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`
`
`
`FitSense Technology System
`Dynastream SDM Triax System
`
`Expressive Footwear
`
`GE Dash 2000
`HP CareVue
`Marathon Man
`
`Medtronic health monitoring systems,
`including but not limited to the Reveal
`Insertable Loop Recorder System,
`Instomedix King of Hearts Express, and
`Medtronic Minix (“Medtronic Health
`Monitoring Systems”)
`NASA Biobelt
`Polar heart rate monitors (including but
`not limited to the Polar Beat, Favor,
`Fitwatch, Pacer, Edge, Xtrainer Plus,
`Protrainer, Accurex Plus, Vantage, T40,
`Cyclovantage, and Sport Tester series)
`and related health-monitoring systems
`(including but not limited to the Polar PC
`Coach, PC Pro Training Series, Team
`System, Personal Trainer, TriFIT,
`BodyAge, OwnIndex, Precision
`Performance 2.0, OwnZone, HR Analysis
`4.0) (collectively, “Polar Monitoring
`Systems”)
`RoamAbout system
`Welch Allyn Health Monitoring system
`including but not limited to the
`Kidder/Acuity ProPar CS, Propaq, Vital
`Signs, and Atlas monitoring systems
`(“Welch Allyn Health Monitoring
`Systems”)
`
`1999
`2000
`
`1997
`
`1999
`1993
`1997
`
`1997
`
`1975
`1978
`
`FitSense
`Nike;
`Garmin
`Dr. Joseph Paradiso and
`the Massachusetts
`Institute of Technology
`GE
`HP Labs
`Maria Redin and the
`Massachusetts Institute of
`Technology
`Medtronic
`
`NASA
`Polar Electro
`
`1996
`1998
`
`DIGITAL
`Welch Allyn
`
`2.
`
`Prior art to the ’007 patent
`
`The following prior art patents, publications, and publicly disclosed systems are prior art to
`
`the Asserted Claims of the ’007 patent under at least 35 U.S.C. §§ 102(a), (b), (e), (g), and/or 35
`
`U.S.C. § 103, as indicated in at least the charts and prose set forth and served simultaneously. Garmin
`
`
`
`
`
`
`14
`
`DEFENDANTS’ P.R. 3-3 DISCLOSURES
`
`IPR2020-00910
`Philips North America LLC EX2004
`Page 14 of 115
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`further concurrently produces Supplementary ‘007 Patent Production and all Exhibits thereto,
`
`incorporated fully herein.
`
`Patent / Application No.
`
`Country Filing Date
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S. Patent No. 6,072,396
`(“Gaukel”)
`U.S. Patent No. 6,198,394
`(“Jacobsen”)
`U.S. Patent No. 5,857,939
`(“Kaufman”)
`U.S. Patent No. 5,767,804
`(“Murphy”)
`U.S. Patent No. 5,976,083
`(“Richardson”)
`U.S. Patent No. 6,959,259 (“Vock
`259”)
`U.S. Patent No. 6,266,623 (“Vock
`623”)
`U.S. Patent No. 5,598,849 (“Browe”) U.S.
`U.S. Patent No. 5,919,239 (“Fraker”) U.S.
`U.S. Patent No. 6,002,982 (“Fry”)
`U.S.
`
`U.S.
`
`U.S.
`
`U.S. Patent No. 6,070,145 (“Pinsley) U.S.
`U.S. Patent No. 6,144,964 (“Breese”) U.S.
`U.S. Patent No. 6,018,343 (“Wang”) U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S.
`
`U.S. Patent No. 6,634,992
`(“Ogawa”)
`U.S. Patent No. 5,438,518
`(“Bianco”)
`U.S. Patent No. 5,470,233
`(“Fruchterman”)
`U.S. Patent No. 5,546,092
`(“Kurokawa”)
`U.S. Patent No. 5,434,789 (“Fraker
`789”)
`U.S. Patent No. 5,422,814
`(“Sprague”)
`U.S. Patent No. 5,646,857
`(“McBurney 857”)
`U.S. Patent No. 5,448,773
`(“McBurney 773”)
`U.S. Patent No. 5