Case 1:25-cv-00140-JLH Document 1 Filed 02/03/25 Page 1 of 51 PageID #: 1
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`OMNI MEDSCI, INC.,
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`Plaintiff,
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`v.
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`WHOOP, INC.,
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`Defendant.
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`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
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` C.A. No. 25-
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Omni MedSci, Inc., by and through its undersigned counsel, files this Complaint
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`against Defendant Whoop, Inc. for infringement of United States Patent Nos. 9,055,868 (the “’868
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`Patent”), 9,651,533 (the “’533 Patent”), 10,517,484 (the “’484 Patent”), 10,874,304 (the “’304
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`Patent”), 11,160,455 (the “’455 Patent”), and 12,193,790 (the “’790 Patent”) (collectively, the
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`“Asserted Patents”), and alleges as follows:
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`NATURE OF THE ACTION
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`1.
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`This is a civil action for infringement of the Asserted Patents arising under the
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`patent laws of the United States, 35 U.S.C. §§ 100, et seq., to obtain damages and injunctive relief
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`resulting from Defendant’s unauthorized actions of making, having made, using, selling, having
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`sold, offering to sell, importing, or having imported into the United States products that infringe
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`directly and indirectly one or more claims of the Asserted Patents.
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`THE PARTIES
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`2.
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`Plaintiff Omni MedSci, Inc. (“Omni MedSci” or “Plaintiff”) is a corporation
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`organized and existing under the laws of the state of Michigan with a place of business at 1718
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`Newport Creek Drive, Ann Arbor, Michigan 48103.
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`3.
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`Defendant Whoop, Inc. (“Whoop” or “Defendant”) is a corporation organized and
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`existing under the laws of Delaware.
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`4.
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`Whoop has a principal place of business at One Kenmore Square, Boston,
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`Massachusetts 02215.
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`5.
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`Whoop can be served through its registered agent, The Corporation Trust Company,
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`Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801.
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`6.
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`Whoop designs, manufactures, makes, uses, markets, offers to sell, sells, and/or
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`imports smart wearable devices configured to measure physiological parameters, including
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`products accused of infringement in this Complaint, into the United States, including this Judicial
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`District. In addition, Whoop has authorized sellers and sales representatives in the United States
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`and in this Judicial District that offer to sell and sell products pertinent to this Complaint.
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`JURISDICTION AND VENUE
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`7.
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`8.
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`Jurisdiction and venue for this action are proper in this Judicial District.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code. This Court has subject matter jurisdiction pursuant to
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`28 U.S.C. §§ 1331 and 1338(a).
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`9.
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`This Court has personal jurisdiction over Defendant because Defendant is
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`incorporated in Delaware.
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`10.
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`This Court also has personal jurisdiction over Defendant at least because, through
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`Defendant’s own acts, Defendant (i) has purposefully availed itself of the rights and benefits of the
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`laws of the State of Delaware and this Judicial District; (ii) has done and is doing substantial
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`business in the State of Delaware and this Judicial District, directly or through intermediaries, both
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`generally and, on information and belief, with respect to the allegations in this Complaint,
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`including its one or more acts of infringement in the State of Delaware and this Judicial District;
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`(iii) maintains continuous and systematic contacts in the State of Delaware and this Judicial
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`District; and/or (iv) places products alleged to be infringing in this Complaint in the stream of
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`commerce, directly or through intermediaries, with awareness that those products are likely
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`destined for use, offer for sale, sale, and/or importation in the State of Delaware and this Judicial
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`District.
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`11.
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`For example, Defendant has authorized retailers and distributors in the State of
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`Delaware and this Judicial District for the products alleged to be infringing in this Complaint, and
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`Defendant has derived substantial revenues from their infringing acts occurring within the State of
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`Delaware and this Judicial District.
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`12.
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`Defendant has established sufficient minimum contacts with the State of Delaware
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`and this Judicial District such that it should reasonably and fairly anticipate being brought into
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`court in the State of Delaware, including this Judicial District, without offending traditional notions
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`of fair play and substantial justice; and Defendant has purposefully directed activities at residents
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`of the State of Delaware, including this Judicial District. Moreover, the patent infringement claims
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`alleged herein arise out of or are related to one or more of the foregoing activities. On information
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`and belief, a substantial part of the events giving rise to Plaintiff’s claims, including Defendant’s
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`acts of patent infringement, have occurred in the State of Delaware, including this Judicial District.
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`13.
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`Venue is proper in this Judicial District as to Defendant under 28 U.S.C. § 1400(b)
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`because Defendant is incorporated in the State of Delaware and resides in Delaware.
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`3
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`Case 1:25-cv-00140-JLH Document 1 Filed 02/03/25 Page 4 of 51 PageID #: 4
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`BACKGROUND
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`Dr. Mohammed Islam and Omni MedSci, Inc.
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`14.
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`Dr. Islam received a B.S. degree in 1981, an M.S. degree in 1983, and a Sc.D.
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`degree in 1985, all in electrical engineering, from the Massachusetts Institute of Technology in
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`Cambridge.
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`15.
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`Early in his career, Dr. Islam was a member of the Technical Staff in the Advanced
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`Photonics Department at AT&T Bell Laboratories in Holmdel, N.J.
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`16.
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`Dr. Islam joined the Electrical and Computer Engineering department at the
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`University of Michigan in Ann Arbor in 1992, where he remains today as a full tenured Professor
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`of Optics and Photonics.
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`17.
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`Dr. Islam is also a Professor of Biomedical Engineering, a joint department in both
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`the College of Engineering and the Medical School at the University of Michigan. He was
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`previously a faculty member with the University of Michigan Medical School’s Department of
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`Internal Medicine.
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`18.
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`From 1981 to 1985, Dr. Islam was a Fannie and John Hertz Fellow. In 1992, Dr.
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`Islam was awarded the OSA Adolf Lomb Medal for pioneering contributions to nonlinear optical
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`phenomena and all-optical switching in optical fibers. He also received the University of Michigan
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`research excellence award in 1997. In 1998, Dr. Islam became a Fellow of the Optical Society of
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`America and received the Texas eComm Ten Award for being one of the 10 most influential people
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`in Texas’s digital economy in 2002. Dr. Islam became a fellow of the IEEE in 2004 and was the
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`first recipient of the prestigious 2007 Distinguished University Innovator Award.
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`19.
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`Dr. Islam has published over 135 papers in refereed journals, authored three books
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`has written several book chapters, and has been an invited speaker at over 80 conferences and
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`symposia on issues related to his research. He is also the named inventor on over 200 U.S. patents,
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`including the Asserted Patents.
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`20. With an entrepreneurial spirit, Dr. Islam founded Omni MedSci in 2010 to help
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`people by commercializing his optical technology innovations with healthcare and medicinal
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`applications.
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`21.
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`In 2015, Omni MedSci received the Eureka Award for being the #1 most Innovative
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`Company in Michigan.
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`22.
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`By 2012, Dr. Islam had invented technology for using light sources and other
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`components in wearable measurement devices that are capable of detecting and monitoring
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`physiological parameters for use in various applications, including the medical and healthcare
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`fields.
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`23.
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`On December 31, 2012, Omni MedSci filed a set of patent applications covering its
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`developments using light sources for medical and other applications.
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`24.
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`The Asserted Patents result from extensive research and development by Dr. Islam
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`on behalf of Omni MedSci.
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`THE ASSERTED PATENTS
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`U.S. Patent No. 9,055,868
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`25.
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`On June 16, 2015, after a full and fair examination, the United States Patent and
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`Trademark Office issued U.S. Patent No. 9,055,868 entitled “System and Method for Voice Control
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`of Medical Devices.” The ’868 Patent is attached as Exhibit 1.
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`26.
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`Plaintiff is the assignee of all rights, title, and interest in and to the ’868 Patent and,
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`at a minimum, of all substantial rights in the ’868 Patent, and possesses all rights of recovery,
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`whether legal or equitable, under the ’868 Patent, including the right to recover damages for past
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`infringement.
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`27.
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`28.
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`The ’868 Patent is valid and enforceable.
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`The disclosed and claimed inventions of the ’868 Patent provide improvements
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`over prior art optical diagnostic systems by way of providing, inter alia, a control system remote
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`from an optical measurement device associated with a user that can wirelessly receive and transmit
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`measured physiological information associated with the user and that can receive both voice input
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`and manually entered input. (See ’868 Patent at 1:39–63.) The claimed inventions also include a
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`host capable of receiving, storing, and processing wireless data transmitted by the control system.
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`The host provides for generating and storing status information of the user and can also
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`communicate the information to remote display devices. (See id. at 1:63–2:33.) Thus, the
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`inventions of the’868 Patent provide greater flexibility and convenience in the operation and/or
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`control of physiological measurement devices at remote locations as well as enhanced data
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`processing, storage, and display capabilities at a variety of locations.
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`29.
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`The asserted claims of the ’868 Patent comprise at least the following physical
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`components: a light source comprising one or more semiconductor diodes generating an input light
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`beam and a lens system configured to communicate a portion of the input light beam onto a part
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`of a user’s body comprising blood for use in a measurement on the user; a software application
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`associated with a control system for generating data representing physiological information based
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`in part on the measurement; the control system having a touch-screen, voice and manual inputs
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`capabilities, and circuitry for obtaining position information from a location sensor and a wireless
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`transceiver; and a host comprising a digital file for storing wireless data, control logic to process
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`the wireless data to generate a stats of the user, and an output for communicating a portion of the
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`status or associated information of a communication link to one or more remotely located display
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`output devices (see Claim 7). Certain asserted claims further recite additional physical
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`characteristics, including, for example, the input light beam being adapted for use in blood
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`diagnostics comprising a spectroscopic procedure (e.g., Claim 9). Thus, the asserted claims of the
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`’868 Patent are each directed to a physical system and are not directed to an abstract idea.
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`30.
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`The inventions of the asserted claims of the ’868 Patent provide the capability of
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`non-invasive optical measurement of physiological parameters associated with a user and storage
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`and further processing of such physiological information by a wirelessly connected control system,
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`as well as the further processing and storage capabilities of a host system enabled to also
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`communicate the information for display on one or more remote display devices. The asserted
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`dependent claims further recite light source details particularly suited to diagnostic measurements
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`of interest. These elements provide for the unique and unconventional application of optical
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`diagnostics, communications and control technology to provide more capable and useful non-
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`invasive diagnostic systems for measuring physiological parameters of a user.
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`31.
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`Thus, the asserted claims of the ’868 Patent are directed to specific improvements
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`to systems for non-invasive monitoring of physiological parameters. The claims are directed to a
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`specific field of application, do not preempt others from using the general concept of optical light-
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`based physiological measurements, and recite more than generic computer functionality and
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`elements that were not purely conventional as of the priority date of the ’868 Patent.
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`U.S. Patent No. 9,651,533
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`32.
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`On May 16, 2017, after a full and fair examination, the United States Patent and
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`Trademark Office issued U.S. Patent No. 9,651,533 entitled “Short-Wave Infrared Super-
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`Continuum Lasers for Detecting Counterfeit or Illicit Drugs and Pharmaceutical Process Control.”
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`The ’533 Patent is attached as Exhibit 2.
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`33.
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`Plaintiff is the assignee of all rights, title, and interest in and to the ’533 Patent and,
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`at a minimum, of all substantial rights in the ’533 Patent and possesses all rights of recovery,
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`whether legal or equitable, under the ’533 Patent, including the right to recover damages for past,
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`present, and future infringement, and to obtain injunctive relief.
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`34.
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`35.
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`The ’533 Patent is valid and enforceable.
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`The ’533 Patent discusses an unmet need for non-invasive physiological
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`measurement devices, systems, and techniques for measuring human physiological information
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`and blood constituents such as glucose (e.g., monitoring glucose without drawing blood). (See
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`’533 Patent at 3:47–61.) The ’533 Patent explains that conventional non-invasive systems failed
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`to provide adequate sensitivity, selectivity, and repeatability of measurement results. (See id. at
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`3:61–63.) It discloses techniques and wearable measurement devices that use brighter light sources
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`outputting optical beams that include near-infrared wavelengths to increase the signal level from
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`blood constituents. (See id. at 5:35–47.) Devices disclosed in the specification include a lens
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`system for receiving an output beam and delivering an analysis output beam to a sample, and a
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`receiver for detecting and processing a portion of the analysis output beam reflected from the
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`sample. (See id. at 5:47–54.) The ’533 Patent discloses other techniques, such as using pattern
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`matching in spectral fingerprinting and software techniques, to more reliably identify different
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`constituents in the blood. (Id. at 4:18–28.)
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`36.
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`The ’533 Patent further discloses the capability to provide value-add services by
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`wirelessly communicating the monitored data to a personal device such as a smartphone, and then
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`wirelessly communicating the processed data to the cloud for storing, processing, and transmitting
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`to several locations. In the disclosed system, the personal device is configured to receive and
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`process at least a portion of the output signal, to store and display the processed output signal, and
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`to transmit at least a portion of the processed output signal over a wireless transmission link. (See
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`id. at 5:54–6:3 and 26:27–56.)
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`37.
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`The asserted claims of the ’533 Patent comprise at least the following physical
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`components: a light source comprising light emitting diodes for generating an output optical beam
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`with one or more optical wavelengths including at least a portion being in the wavelength range
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`of between 700 and 2500 nanometers, a plurality of lenses receiving a portion of the output optical
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`beam an delivering an analysis output beam to a sample, a receiver to receive and process a portion
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`of the analysis output beam reflected from the sample to generate an output signal, a personal
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`device configured to receive and process a portion of the output signal and to store and display the
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`processed output signal, and a remote device configured to receive a wirelessly transmitted output
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`status comprising a portion of the processed output signal and to process the received output status
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`(e.g., Claims 11 and 12). The asserted claims also include one or more filters of the receiver in
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`front of one or more detectors to select a fraction of the one or more wavelengths (Claim 11) or
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`the capability to generate the output signal in part by comparing signals at different optical
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`wavelengths (Claim 12). Thus, the asserted claims of the ’533 Patent are each directed to a physical
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`system and are not directed to an abstract idea.
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`38.
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`The asserted claims of the ’533 Patent further recite the capability of increasing the
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`signal-to-noise ratio by increasing light intensity from at least one of the semiconductor sources
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`and by increasing the pulse rate of at least one of the semiconductor sources, as well as the
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`capability to synchronize the receiver with the light source. These elements provide for the unique
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`and unconventional application of signal processing to generate and measure signals with a greater
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`9
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`signal-to-noise ratio than the prior art, yielding more accurate and reliable non-invasive
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`measurements of physiological parameters of a user.
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`39.
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`Thus, the asserted claims of the ’533 Patent are directed to specific improvements
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`to systems for non-invasive monitoring of physiological parameters. The claims are directed to a
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`specific field of application, do not preempt others from using the general concept of optical light-
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`based physiological measurements, and recite more than generic computer functionality and
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`elements that were not purely conventional as of the priority date of the ’533 Patent.
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`U.S. Patent No. 10,517,484
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`40.
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`On December 31, 2019, after a full and fair examination, the United States Patent
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`and Trademark Office issued U.S. Patent No. 10,517,484 entitled “Semiconductor Diodes-Based
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`Physiological Measurement Device with Improved Signal-to-Noise Ratio.” The ’484 Patent is
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`attached as Exhibit 3.
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`41.
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`Plaintiff is the assignee of all rights, title, and interest in and to the ’484 Patent and,
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`at a minimum, of all substantial rights in the ’484 Patent, and possesses all rights of recovery,
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`whether legal or equitable, under the ’484 Patent, including the right to recover damages for past,
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`present, and future infringement, and to obtain injunctive relief.
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`42.
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`43.
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`The ’484 Patent is valid and enforceable.
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`The asserted claims of the ’484 Patent are directed to an improved system for
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`measuring one or more physiological parameters via light reflected from bodily tissue.
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`44.
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`The ’484 Patent explains that at the time of its priority date, there was an unmet
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`need for non-invasive measurement of physiological metrics with sufficient sensitivity, selectivity,
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`and repeatability due to the challenges with the non-invasive technology at the time in identifying
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`and distinguishing between the various substances that compose and surround human tissue. (See
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`10
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`’484 Patent at 2:57–3:15.) The disclosed and claimed inventions of the ’484 Patent provide
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`improvements over prior art measurement systems by way of, inter alia, synchronizing a detection
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`system to a light source, increasing the intensity and pulse rate of the emitted light from a baseline
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`level, and comparing a first signal generated responsive to the light detected when the light source
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`is on to a second signal generated responsive to the light detected when the light source is off.
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`45.
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`For example, the ’484 Patent teaches that by increasing the light intensity of the
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`light source, the signal-to-noise level measured by the detection system from particular blood
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`constituents over others is increased. (Id. at 3:16–23, 15:49–55.) It further discloses that
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`increasing the pulse rate and synchronizing the detection system to the light source allows for
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`measurement at a particular frequency while phase locked to a particular signal, enabling the
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`detection system to reject background signals and increase the signal-to-noise ratio of the measured
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`signal. (Id. at 15:66–16:8.) The ’484 Patent further teaches that modulating the light source
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`between on and off, while the detection system measures the light at each change, and comparing
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`the measurements before and after a change allows the system to account for changes in ambient
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`light (such as from changing exposure to sunlight or changing weather patterns), thereby
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`increasing the signal-to-noise ratio of the measured signal. (Id. at 16:61–17:13.)
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`46.
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`The ’484 Patent also discloses pattern matching and other software techniques for
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`improved identification of different blood constituents, as well as value-add services that may be
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`provided by wirelessly communicating the monitored data to a handheld device such as a
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`smartphone, and then wirelessly communicating the processed data to the cloud for storing,
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`processing, and transmitting to several locations. (See, e.g., id. at 3:23–30, 12:44–67, 14:64–15:7
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`and 32:25–34:22.)
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`47.
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`The asserted claims of the ’484 Patent comprise at least the following physical
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`components: a user wearable device; semiconductor sources of light, one or more lenses, detectors,
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`an analog to digital converter, a smartphone or tablet comprising a wireless receiver, a wireless
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`transmitter, a display, a speaker, a button or knob, a microprocessor, and a touch screen; and a
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`cloud computing platform. The one or more lenses deliver a lens output light to tissue. The
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`detection system is configured to be synchronized to the light source and its spatially separated
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`detectors are configured to receive output light reflected from the tissue and generate an output
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`signal indicative of one or more physiological parameters. At least one analog to digital converter
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`is coupled to the detectors. The smartphone or tablet is configured to receive and process a portion
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`of the output signal, and the cloud is configured to receive over a wireless transmission link an
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`output status comprising the portion of the processed output signal and to process the received
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`output status. (See, e.g., ’484 Patent, Claims 3 and 8.) Thus, the asserted claims of the ’484 Patent
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`are each directed to a physical system and are not directed to an abstract idea.
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`48.
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`The asserted claims of the ’484 Patent further recite the capability of increasing the
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`signal-to-noise ratio by increasing light intensity and pulse rate of at least one of the semiconductor
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`sources, as well as the capability to increase the signal-to-noise ratio by comparing a first signal
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`generated responsive to light received while the semiconductor sources are off to a second signal
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`generated responsive to light received while at least one of the semiconductor sources is on. (Id.)
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`The wearable device of the asserted claims also has the capability to identify an object and to
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`compare a property of the output signal to a threshold. (Id.) These elements provide for the unique
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`and unconventional application of signal processing to generate and measure signals with a greater
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`signal-to-noise ratio than the prior art, yielding more accurate and reliable non-invasive
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`12
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`measurements of physiological parameters and identification of objects such as blood constituents
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`of a user.
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`49.
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`Certain of the asserted claims of the’484 Patent include additional elements that
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`provide further beneficial enhancements, including an amplifier coupled to the detectors to
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`improve detection sensitivity (e.g., Claims 3 and 9), and/or that the wearable device is configured
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`to use artificial intelligence for processing the output signal (e.g., Claim 10).
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`50.
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`Thus, the asserted claims of the ’484 Patent are directed to specific improvements
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`to systems for non-invasive monitoring of physiological parameters. The claims are directed to a
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`specific field of application, do not preempt others from using the general concept of optical light-
`
`based physiological measurements, and recite more than generic computer functionality and
`
`elements that were not purely conventional as of the priority date of the ’484 Patent.
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`U.S. Patent No. 10,874,304
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`51.
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`On December 29, 2020, after a full and fair examination, the United States Patent
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`and Trademark Office issued U.S. Patent No. 10,874,304 entitled “Semiconductor Source Based
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`Near Infrared Measurement Device with Improved Signal-to-Noise Ratio.” The ’304 Patent is
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`attached as Exhibit 4.
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`52.
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`Plaintiff is the assignee of all rights, title, and interest in and to the ’304 Patent and,
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`at a minimum, of all substantial rights in the ’304 Patent, and possesses all rights of recovery,
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`whether legal or equitable, under the ’304 Patent, including the right to recover damages for past,
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`present, and future infringement, and to obtain injunctive relief.
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`53.
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`The ’304 Patent is valid and enforceable.
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`54.
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`The ’304 Patent is related through a chain of continuation applications to the ’484
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`Patent and discloses and expands upon at least the same inventive solutions to technical challenges
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`associated with non-invasive physiological parameters.
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`55.
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`The asserted claims of the ’304 Patent comprise at least the following physical
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`components: a light source comprising semiconductor sources for generating an optical beam; a
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`device for generating and delivering an input optical beam / analysis output beam to a sample or
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`tissue; and a receiver or measurement device configured to capture a portion of the optical beam
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`reflected from the sample or tissue and to generate an output signal representing a non-invasive
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`measurement on blood contained within the sample or tissue (e.g., Claims 1, 11, and 19). Certain
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`claims also include a smartphone or tablet configured to receive and process a portion of the output
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`signal, store and display the processed output signal, and wirelessly transmit a portion of the
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`processed output signal, as well as a cloud computing platform configured to receive a portion of
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`the wirelessly transmitted processed output signal and to process and store the resulting processed
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`data (e.g., Claims 1 and 11). Thus, the asserted claims of the ’304 Patent are each directed to a
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`physical system or device and are not directed to an abstract idea.
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`56.
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`The asserted claims of the ’304 Patent further recite the capability of increasing the
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`signal-to-noise ratio by increasing the light intensity of or modulating light sources, or by
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`differencing a first signal generated responsive to light received while the semiconductor sources
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`are off and a second signal generated responsive to light received while at least one of the
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`semiconductor sources is on (e.g., Claims 1, 11, and 19). These elements provide for the unique
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`and unconventional application of signal processing to generate and measure signals with a greater
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`signal-to-noise ratio than the prior art, yielding more accurate and reliable non-invasive
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`measurements of physiological parameters associated with the blood of a user.
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`57.
`
`Certain of the asserted claims of the ’304 Patent include additional elements that
`
`provide further beneficial enhancements, such as particular types of semiconductor sources (e.g.,
`
`Claims 2 and 14), particular functionality for increasing light intensity (e.g., Claim 3), and
`
`capability to increase signal-to-noise ratio by increasing a pulse rate of a semiconductor source
`
`(e.g., Claim 20).
`
`58.
`
`Thus, the asserted claims of the ’304 Patent are directed to specific improvements
`
`to systems for non-invasive monitoring of physiological parameters and/or identification of
`
`associated objects. The claims are directed to a specific field of application, do not preempt others
`
`from using the general concept of optical light-based physiological measurements, and recite more
`
`than generic computer functionality and elements that were not purely conventional as of the
`
`priority date of the ’304 Patent.
`
`U.S. Patent No. 11,160,455
`
`59.
`
`On November 2, 2021, after a full and fair examination, the United States Patent
`
`and Trademark Office issued U.S. Patent No. 11,160,455 entitled “Multi-Wavelength Wearable
`
`Device for Non-Invasive Blood Measurements in Tissue.” The ’455 Patent is attached as Exhibit
`
`5.
`
`60.
`
`Plaintiff is the assignee of all rights, title, and interest in and to the ’455 Patent and
`
`possesses all rights of recovery, whether legal or equitable, under the ’455 Patent, including the
`
`right to recover damages for past, present, and future infringement, and to obtain injunctive relief.
`
`61.
`
`62.
`
`The ’455 Patent is valid and enforceable.
`
`The ’455 Patent is related through a chain of continuation applications to the ’484
`
`Patent and discloses and expands upon at least the same inventive solutions to technical challenges
`
`associated with non-invasive physiological parameters.
`
`15
`
`

`

`Case 1:25-cv-00140-JLH Document 1 Filed 02/03/25 Page 16 of 51 PageID #: 16
`
`63.
`
`The asserted claim of the ’455 Patent comprises at least the following physical
`
`components: a light source comprising a driver and semiconductor light sources; one or more
`
`lenses configured to receive light from the light emitting diodes and to deliver a lens output light
`
`to tissue; a detection system comprising spaced detectors and an analog-to-digital converter and
`
`configured to receive lens output light reflected from the tissue and to generate an output signal
`
`indicative of one or more physiological parameters; and a smartphone or tablet configured to
`
`receive and process a portion of the output signal, and store and display the processed output signal
`
`(e.g., Claim 1). Thus, the asserted claims of the ’455 Patent are each directed to a physical system
`
`or device and are not directed to an abstract idea.
`
`64.
`
`The asserted claims of the ’455 Patent further recite the capability of increasing the
`
`signal-to-noise ratio by increasing the light intensity of light sources, or by comparing a first signal
`
`generated responsive to light received while the semiconductor sources are off to a second signal
`
`generated responsive to light received while at least one of the semiconductor sources is on (e.g.,
`
`Claim 1). These elements provide for the unique and unconventional application of signal
`
`processing to generate and measure signals with a greater signal-to-noise ratio than the prior art,
`
`yielding more accurate and reliable non-invasive measurements of physiological parameters
`
`associated with a user.
`
`65.
`
`The asserted claims of the ’455 Patent include additional elements that provide
`
`further beneficial enhancements, such as semiconductor light sources outputting light comprising
`
`three optical wavelengths (e.g., Claims 1).
`
`66.
`
`Thus, the asserted claims of the ’455 Patent are directed to specific improvements
`
`to systems for non-invasive monitoring of physiological parameters. The claims are directed to a
`
`specific field of application, do not preempt others from using the general concept of optical light-
`
`16
`
`

`

`Case 1:25-cv-00140-JLH Document 1 Filed 02/03/25 Page 17 of 51 PageID #: 17
`
`based physiological measurements, and recite more than generic computer functionality and
`
`elements that were not purely conventional as of the priority date of the ’455 Patent.
`
`U.S. Patent No. 12,193,790
`
`67.
`
`On January 14, 2025, after a full and fair examination, the United States Patent and
`
`Trademark Office issued U.S. Patent No. 12,193,790 entitled “Wearable Devices Comprising
`
`Semiconductor Diode Light Sources With Improved Signal-to-Noise Ratio.” The ’790 Patent is
`
`attached as Exhibit 6.
`
`68.
`
`Pl