Petition for Inter Partes Review of U.S. 8,725,276
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`
`
`Under Armour, Inc.
`Petitioner,
`
`v.
`
`adidas AG,
`Patent Owner
`
`———————
`
`
`
`PETITION FOR INTER PARTES REVIEW
`
`OF
`
`U.S. PATENT NO. 8,725,276
`
`CHALLENGING CLAIMS 1, 3, 6-10, 15-19, and 21-23
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`

`
`Petition for Inter Partes Review of U.S. 8,725,276
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`TABLE OF CONTENTS
`
`I. MANDATORY NOTICES ........................................................................... 1
`A. Real Party-in-Interest ......................................................................... 1
`B. Related Matters ................................................................................... 1
`C.
`Lead and Back-up Counsel and Service Information...................... 1
`II. GROUNDS FOR STANDING ...................................................................... 2
`III.
`IDENTIFICATION OF CHALLENGE AND RELIEF
`REQUESTED ................................................................................................. 2
`A.
`Introduction ......................................................................................... 2
`B.
`The 276 Patent and its Claims ............................................................ 5
`IV. STATUTORY GROUNDS FOR THE CHALLENGES ........................... 8
`V. CLAIM CONSTRUCTION ........................................................................ 10
`A.
`“position data” (all claims) ............................................................... 10
`B.
`“during the athletic activity” (claims 1, 3), “during [the]
`traversal of the route” (claim 16), and “during an athletic
`performance” (claim 10) ................................................................... 13
`VI. THE 276 PATENT CLAIMS ARE UNPATENTABLE .......................... 14
`A. GROUND 1: Claims 1, 3, 6-9, 16-19, and 21-23 are
`Anticipated by Satava ....................................................................... 14
`1.
`Claim 1 ..................................................................................... 15
`2.
`Claim 3 – The method of claim 1, wherein the
`correlating occurs during the athletic activity. .................... 23
`Claim 6 – The method of claim 1, wherein the
`performance data comprises heart rate data. ...................... 24
`Claim 7 – The method of claim 1, wherein the
`displayed athletic performance information is not
`based on the received position data. ...................................... 25
`Claim 8 – The method of claim 1, further comprising
`displaying the athletic performance information with
`information based on the athlete position data on a
`map. .......................................................................................... 25
`
`3.
`
`4.
`
`5.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`6.
`
`9.
`
`7.
`8.
`
`Claim 9 – The method of claim 1, further comprising
`displaying the athletic performance information with
`information based on the athlete position data on an
`elevation profile. ...................................................................... 26
`Claim 16 ................................................................................... 27
`Claim 17 – The method of claim 16, wherein the
`position monitor is separate from the performance
`monitor. .................................................................................... 34
`Claim 18 – The method of claim 16, wherein the
`position monitor comprises a global positioning
`satellite receiver. ...................................................................... 34
`10. Claim 19 – The method of claim 16, wherein the
`performance monitor comprises a heart rate monitor. ....... 35
`11. Claim 21 – The method of claim 16, wherein the route
`data comprises map data for the route. ................................ 35
`12. Claim 22 – The method of claim 16, wherein the route
`data comprises elevation profile data for the route. ............ 35
`13. Claim 23 – The method of claim 16, wherein the
`displaying is provided on a remote computer. ..................... 36
`B. GROUND 2: Claims 9 and 22 are Obvious over Satava in
`view of Garmin eTrex Summit ......................................................... 37
`C. GROUND 3: Claims 10 and 15 are Anticipated by Stubbs .......... 46
`1.
`Claim 10 ................................................................................... 47
`2.
`Claim 15 – The method of claim 10, wherein the
`content comprises one of audio and visual content.............. 51
`D. GROUND 4: Claims 10 and 15 are Anticipated by Gardner ....... 52
`1.
`Claim 10 ................................................................................... 52
`2.
`Claim 15 – The method of claim 10, wherein the
`content comprises one of audio and visual content.............. 58
`VII. CONCLUSION ............................................................................................ 58
`
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`Petition for Inter Partes Review of U.S. 8,725,276
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`PETITIONER’S EXHIBIT LIST
`
`July 1, 2015
`
`UA-1001
`
`U.S. Patent No. 8,725,276 to Ellis et al.
`
`UA-1002
`
`Second Amended Complaint in Co-Pending Litigation, Dkt. No.
`44, served Sept. 11, 2014
`
`UA-1003
`
`Expert Declaration of Dr. Ted Selker
`
`UA-1004
`
`Richard Satava et al., The Physiologic Cipher at Altitude:
`Telemedicine and Real-Time Monitoring of Climbers on Mount
`Everest, 6 TELEMEDICINE J. AND E-HEALTH 303
`(published Sept. 2000)
`
`UA-1005
`
`Garmin eTrex Summit (owner’s manual published May 2000)
`
`UA-1006
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`U.S. Pat. No. 6,736,759 to Stubbs (filed November 9, 1999)
`
`UA-1007
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`U.S. Pat. No. 7,454,002 to Gardner (filed January 8, 2001)
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`UA-1008
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`UA-1009
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`UA-1010
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`UA-1011
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`Screenshot of publisher’s website relating to Satava prior art
`reference
`
`Screenshot relating to eTrex Summit prior art reference and
`Internet Archives affidavit supporting date that webpage was
`available
`
`District Court’s Markman Order in Co-Pending Litigation, Dkt.
`No. 161.
`
`Plaintiffs’ Responsive Claim Construction Brief in Co-Pending
`Litigation, Dkt. No. 93.
`
`UA-1012
`
`Screenshot from www.Thesaurus.com for term “route”
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`Petition for Inter Partes Review of U.S. 8,725,276
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`I. MANDATORY NOTICES
`A. Real Party-in-Interest
`The Petitioner and real parties-in-interest are Under Armour, Inc.
`
`
`
`(“Petitioner” or “Under Armour”) and MapMyFitness, Inc. (“MapMyFitness”).
`
`MapMyFitness is a wholly-owned subsidiary of Under Armour.
`
`B. Related Matters
`As of the filing of this Petition, U.S. Patent No. 8,725,276 (the “276 Patent,”
`
`
`
`UA-1001) is involved in one pending litigation naming Under Armour and
`
`MapMyFitness as defendants. adidas AG v. Under Armour, Inc. and
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`MapMyFitness, Inc., Case No. 14-130-GMS (D. Del.) (“Co-Pending Litigation”),
`
`wherein adidas AG is the Plaintiff (“Plaintiff”).
`
`C. Lead and Back-up Counsel and Service Information
`Petitioner designates Brian Ferguson (Reg. No. 36,801), available at 1300
`
`
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`Eye Street NW, Suite 900, Washington, DC 20005 (T: 202-682-7516) as lead
`
`counsel, and Anish Desai (Reg. No. 73,760), available at the same address (T: 202-
`
`682-7103) as backup counsel. Please address all correspondence to both lead and
`
`backup counsel. Petitioner consents to service by electronic email
`
`(brian.ferguson@weil.com; anish.desai@weil.com).
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`Petition for Inter Partes Review of U.S. 8,725,276
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`II. GROUNDS FOR STANDING
`Petitioner certifies that the 276 Patent is available for inter partes review and
`
`
`that Petitioner is not barred or estopped from requesting inter partes review
`
`challenging the patent claims on the grounds identified in this Petition. The
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`present petition is filed not more than one year after Petitioner was given notice of
`
`its alleged infringement of the 276 Patent in the Co-Pending Litigation. See UA-
`
`1002 (Dkt. No. 44, Second Amended Complaint, served Sept. 11, 2014).
`
`III.
`
`
`IDENTIFICATION OF CHALLENGE AND RELIEF REQUESTED
`
`Claims 1, 3, 6-10, 15-19, and 21-23 of the 276 Patent are challenged in this
`
`Petition. Petitioner respectfully requests that the Board review the prior art and
`
`analysis herein, institute a trial for inter partes review of those claims, and cancel
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`those claims as unpatentable.
`
`
`
`This Petition describes the 276 Patent, its claims, and the prior art relied on,
`
`and also sets forth illustrative examples of how the prior art discloses each
`
`limitation of the challenged claims. The attached expert declaration of Dr. Selker
`
`further elaborates on and supports each such position. UA-1003 (“Selker Decl.”).
`
`Introduction
`
`A.
`The challenged claims can be grouped into two sets. The first set of claims,
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`
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`based on independent claims 1 and 16, cover methods for monitoring and
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`displaying athletic position and performance data. 276 Patent at 71:29-72:3,
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`Petition for Inter Partes Review of U.S. 8,725,276
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`72:32-59. The methods include receiving position data (for example with a GPS
`
`receiver), receiving performance data about an athletic activity (for example heart
`
`rate data via a heart rate monitor), correlating the position data with the
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`performance data, and displaying the position data and the performance data, at
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`times over a graphical representation of the athlete’s traveled route. Id.
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`
`
`Such methods were already well known in the art prior to the supposed
`
`invention of the 276 Patent. For example, an article titled The Physiologic Cipher
`
`at Altitude: Telemedicine and Real-Time Monitoring of Climbers on Mount Everest
`
`by Richard Satava et al. (UA-1004, published in the Telemedicine Journal and e-
`
`Health in September 2000, “Satava”) describes a May 1999 experiment on Mt.
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`Everest wherein three climbers wore portable monitoring devices that tracked data
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`such as the climbers’ locations, heart rates, and other physiological vital signs. See
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`Satava at 1004.004-.005. As explained more fully below, Satava discloses a GPS
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`receiver to monitor position and a heart rate monitor to monitor heart rate. Id. at
`
`.006. The system stamped vital sign data with position data, and transmitted the
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`data to Yale University during the climbers’ ascent, where researchers used
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`computers to analyze and display the data and the climbers’ trails in real-time
`
`using various display interfaces. See, e.g., id. at .004-.005, .007. Through such
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`disclosures, Satava anticipates the first set of challenged claims, as detailed herein.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`
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`The challenged second set of claims (claims 10 and 15) claims a method for
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`monitoring athletic performance including receiving position data with a GPS
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`receiver, and controlling audible and/or visible playback content to indicate to the
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`athlete that a position-based performance characteristic has departed from a
`
`predetermined range. 276 Patent at 72:4-15, 29-30. In other words, claims 10 and
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`15 basically claim a method for alerting a user that a performance characteristic
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`such as speed or pace has departed from a target zone.
`
`
`
`Such a simple method was also well known in the art prior to the purported
`
`invention of the 276 Patent. For example, the prior art Stubbs patent (UA-1006,
`
`U.S. Pat. No. 6,736,759) teaches that its exercise monitoring system “may also
`
`include one or more alarms 79 which provide an audible and/or visible indication
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`to the subject or other individual monitoring the subject’s performance. Data
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`display component 7 may be programmed such that an alarm 79 will be activated if
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`a data value departs from a predetermined limit or range. For example, the
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`monitoring system of the present invention may be programmed such that an alarm
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`79 will be activated if the subject’s velocity, pace, distance traveled, blood oxygen
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`level or heart rate is outside a predetermined range.” UA-1006 at 16:39-48.
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`Stubbs thereby anticipates the second set of challenged claims, as detailed herein.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`
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`In his accompanying declaration, Dr. Selker elaborates on the state of the art
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`at the time of the alleged invention of the 276 Patent, and how at that time such
`
`teachings were already within the public domain. Selker Decl. at ¶¶ 18, 23-26.
`
`The 276 Patent and its Claims
`
`B.
`The 276 Patent issued from U.S. Pat. App. No. 13/791,174, filed March 8,
`
`
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`2013, and claims priority to U.S. provisional application no. 60/270,400, filed on
`
`Feb. 20, 2001.
`
`
`
`Independent claim 1 of the 276 Patent is reproduced below:
`
`[1a] A method for monitoring an athletic activity,
`1.
`comprising:
`[1b] receiving position data relating to the geographical positions
`of an individual during the athletic activity with a global
`positioning satellite receiver;
`[1c] receiving performance data about the individual during the
`athletic activity with a performance monitor that is physically
`separate from the global positioning satellite receiver;
`[1d] displaying athletic performance information with a display
`screen during the athletic activity based on the performance data
`received by the performance monitor; and
`[1e] correlating the performance data received by the performance
`monitor with the position data received by the global positioning
`satellite receiver with at least one processor.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`
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`Independent claim 16 covers a method of displaying athletic performance
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`information comprising steps very similar to the steps of claim 1.
`
`
`
`Independent claim 10 covers a method of monitoring athletic performance
`
`that is somewhat different from independent claims 1 and 16, and is reproduced
`
`below:
`
`[10a] A method for monitoring athletic performance,
`10.
`comprising:
`[10b] receiving with a global positioning satellite receiver position
`data relating to a position of an individual during an athletic
`performance; and
`[10c] controlling with at least one processor playback of content
`provided to the individual based at least on the position data when
`the position data indicates that the individual has fallen outside of a
`predetermined performance zone having upper and lower limits for
`a performance characteristic.
`
`
`
`In more detail than noted above in the Introduction, the 276 Patent describes
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`performance monitoring systems in the form of modular personal networks that
`
`contain individual components that can be worn or carried by a user, and added to
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`or removed from a network to customize its functions. 276 Patent at 1:20-25. The
`
`patent explains that while there were existing “individual portable personal
`
`devices” such as “mobile phones, personal digital assistants, medical monitoring
`
`devices, personal entertainment systems, and athletic monitoring systems,”
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`Petition for Inter Partes Review of U.S. 8,725,276
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`supposedly “none of these individual devices [could] combine with any of the
`
`other devices to provide improved functions.” Id. at 1:27-37. The patent thus
`
`sought to create “a system in which individual portable device modules [could] be
`
`combined in a multitude of ways to provide an infinite variety of functions.” Id. at
`
`1:41-43.
`
`
`
`The 276 Patent addressed this purported problem by disclosing a “modular
`
`personal network (MPN)” that “allows multiple individual network components
`
`(INCs), each with one or more primary functions, to be used in a wireless personal
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`network, and that INCs may be added and removed modularly to add or remove
`
`functions of the MPN.” Id. at 3:32-38. The “INCs are personal, in that they may
`
`be worn, carried, mounted on personal equipment, or otherwise used in proximity
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`to the person associated with the MPN.” Id. at 3:40-42. The disclosed system may
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`include a display device (id. at 3:63-64), “[g]uidance functions” such as “providing
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`position, elevation, and speed information” (id. at 4:47-48), and “[a]thletic
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`functions” such as “measur[ing] distance, speed, heart rate, cadence, stride length,
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`and other athletic data” (id. at 4:54-62). Further, “[o]utdoor-related functions may
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`include direction, position, elevation, route, and weather features.” Id. at 5:22-24.
`
`
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`The positions of a user can be collected using a “global positioning system
`
`monitor” (id. at 10:7-11), and “position information may be correlated with
`
`simultaneously collected performance information” (id. at 41:42-43). In addition,
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`Petition for Inter Partes Review of U.S. 8,725,276
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`“collected performance data may be displayed during the session. It may also be
`
`displayed or printed on a personal computer at a later time. It may be displayed in
`
`a table, in a graph, on a map, on an elevation profile, or any other suitable format.”
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`Id. at 41:51-55.
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`
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`Finally, the disclosed system “may provide an audio output function. … For
`
`example, if the system is being used for athletic monitoring, audio feedback may
`
`be used to prompt the user to work out harder or easier, to provide performance
`
`information, or to inform the user what workout zone he or she is in.” Id. at 8:36-
`
`45.
`
`IV. STATUTORY GROUNDS FOR THE CHALLENGES
`This Petition requests inter partes review on the following grounds:
`
`
`Ground 1 Anticipation of claims 1, 3, 6-9, 16-19, 21-23 under 35 U.S.C. § 102
`based on the Satava reference.
`
`Ground 2 Obviousness of claims 9 and 22 under 35 U.S.C. § 103 based on the
`Satava reference in view of the Garmin eTrex Summit reference.
`
`Ground 3 Anticipation of claims 10 and 15 under 35 U.S.C. § 102 based on the
`Stubbs patent.
`
`Ground 4 Anticipation of claims 10 and 15 under 35 U.S.C. § 102 based on the
`Gardner patent.
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`8
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`Petition for Inter Partes Review of U.S. 8,725,276
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`
`
`The Satava reference (UA-1004, Richard Satava et al., The Physiologic
`
`Cipher at Altitude: Telemedicine and Real-Time Monitoring of Climbers on Mount
`
`Everest, 6 TELEMEDICINE J. AND E-HEALTH 303, “Satava”) was published in
`
`September 2000 (see, e.g., Satava at 1004.001, .003 noting “Fall 2000”; see also
`
`UA-1008, webpage abstract from publisher noting “September 2000, Vol. 6, No. 3:
`
`303-313”). Furthermore, the copy of Satava attached hereto as UA-1004 was date
`
`stamped as “RECEIVED” on November 29, 2000 by the Tufts University Health
`
`Sciences Library, as can be seen on the second page of the document. Thus even
`
`assuming that the 276 Patent’s provisional filing date of February 20, 2001 is the
`
`proper priority date (which Petitioner does not admit), Satava qualifies as prior art
`
`under 35 U.S.C. § 102(a).1 The Board has previously found that similar evidence
`
`is sufficient to show publication of a journal article. See, e.g., Case IPR2014-
`
`00527, Final Written Decision at 10-11 (“We accept the publication information on
`
`the IEEE copyright line on page 1 of Stadler as evidence of its date of publication
`
`and public accessibility.”). Dr. Selker agrees that the Satava article qualifies as
`
`prior art. Selker Decl. at ¶ 36.
`
`
`
`The Garmin eTrex Summit reference (UA-1005, owner’s manual, “eTrex
`
`Summit”) was published in May 2000. See UA-1005.002. Furthermore, the third
`
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`1 Citations to 35 U.S.C. herein refer to pre-AIA sections.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`page of the document attached hereto as UA-1009 is a screen shot of a webpage
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`from August 17, 2000 (captured using the WayBackMachine, and supported by an
`
`affidavit Petitioner obtained from the Internet Archives, attached at UA-1009.001)
`
`showing that the eTrex Summit manual was publicly available for download at
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`least as early as August 17, 2000. UA-1009. As explained in the affidavit, the
`
`number “20000817” in the URL at the bottom of the webpage screen shot means
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`that the screen shot was captured August 17, 2000. UA-1009.001. The eTrex
`
`Summit reference thus qualifies as prior art at least under 35 U.S.C. § 102(a).
`
`Dr. Selker agrees. Selker Decl. at ¶ 37.
`
`
`
`The Stubbs patent (UA-1006, U.S. Pat. No. 6,736,759) was filed on
`
`November 9, 1999, and thus qualifies as prior art at least under 35 U.S.C. § 102(e).
`
`
`
`The Gardner patent (UA-1007, U.S. Pat. No. 7,454,002) was filed on
`
`January 8, 2001, and thus qualifies as prior art at least under 35 U.S.C. § 102(e).
`
`V. CLAIM CONSTRUCTION
`
`This Petition analyzes the challenged claims consistent with the broadest
`
`reasonable interpretation in light of the specification. See 37 C.F.R. § 42.100(b).
`
`“position data” (all claims)
`
`A.
`Petitioner submits that the broadest reasonable interpretation of the term
`
`
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`“position data” in light of the specification is “data relating to geographic
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`position,” which is the construction Petitioner proposed in the Co-Pending
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`Petition for Inter Partes Review of U.S. 8,725,276
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`Litigation and which the District Court adopted in the Co-Pending Litigation. UA-
`
`1010.005. For example, claim 1 itself recites “receiving position data relating to
`
`the geographical positions of an individual during the athletic activity with a
`
`global positioning satellite receiver.” 276 Patent at claim 1. Similarly, claim 10
`
`recites “receiving with a global positioning satellite receiver position data
`
`relating to a position of an individual during an athletic performance.” Id. at claim
`
`10. The specification is in accord, explaining that “[p]osition data collected in
`
`one session may also be used to simulate the same route in a later session. For
`
`example, a user may travel the route of an upcoming competition in one or more
`
`sessions and collect position and elevation information.” Id. at 42:33-36. Dr.
`
`Selker agrees that a person having ordinary skill in the art would understand
`
`“position data” to mean data relating to geographic position.2 Selker Decl. at
`
`¶¶ 29-30.
`
`
`2 Dr. Selker opines that a person having ordinary skill in the art would have at
`
`least, through training or experience, an understanding of basic analog and digital
`
`circuits, microcontrollers, transmitters, receivers, signaling, sensing, and embedded
`
`software, and that such a person would have at least a bachelor’s degree in
`
`electrical engineering, computer engineering, or computer science, and three or
`
`more years of practical experience with, or a working knowledge equivalent of,
`
`
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`Petition for Inter Partes Review of U.S. 8,725,276
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`
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`In the Co-Pending Litigation, Plaintiff proposed a broader construction for
`
`“position data” than did Petitioner, and the District Court ultimately rejected
`
`Plaintiff’s proposal. Namely, Plaintiff asserted that “position data” can include not
`
`only data relating to geographic position, but also data relating to, for example,
`
`orientation of a human body. See, e.g., UA-1011, Plaintiffs’ Responsive Claim
`
`Construction Brief, Dkt. No. 93, at .019-.020 (asserting that the patent “indicates
`
`that the position monitor can collect the directional orientation of a user through a
`
`compass. … Thus, the measurement of a user’s position as used in the claims and
`
`specification is broader than simply geographic position.”). While Petitioner
`
`asserts that the broadest reasonable interpretation in light of the specification is not
`
`as broad as Plaintiff’s proposal in the Co-Pending Litigation, the prior art discussed
`
`herein nevertheless invalidates the asserted claims under either proposal, because
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`both parties’ proposed constructions of “position data” would at least capture the
`
`geographic “position data” disclosed by the prior art.
`
`
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`Thus, while the analysis below assumes that Petitioner’s and the District
`
`Court’s construction of “position data” is correct, none of Petitioner’s arguments
`
`herein would be affected if Plaintiff’s broader construction were to be adopted.
`
`
`sensing, signaling, and embedded and/or mobile systems, or the equivalent. Selker
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`Decl. at ¶¶ 12-14.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`B.
`
`“during the athletic activity” (claims 1, 3), “during [the] traversal
`of the route” (claim 16), and “during an athletic performance”
`(claim 10)
`
`
`
`Petitioner submits that these three claim terms do not require construction
`
`and should be given their plain and ordinary meanings, which are readily
`
`understandable. In other words, “during the athletic activity” simply requires that
`
`the claimed steps occur while the athletic activity is occurring, “during [the]
`
`traversal of the route” simply requires that the claimed steps occur while the
`
`individual traverses the route, and “during an athletic performance” simply
`
`requires that the claimed step occurs while the athletic performance is occurring.
`
`
`
`These three terms were not proposed for construction in the Co-Pending
`
`Litigation. Nevertheless, Petitioner includes these terms here because Plaintiff in
`
`the Co-Pending Litigation proposed that a similar term from two patents in the
`
`same family and having the same specification as the 276 Patent—the term,
`
`“during the physical activity”—should have been narrowly construed to mean “in
`
`substantially real-time.” However, the District Court rejected Plaintiff’s argument,
`
`and construed the term to have its plain and ordinary meaning. UA-1010.006.
`
`
`
`Indeed, there is no legal basis for substituting the readily understood words
`
`of these three claim terms with a completely different set of words having different
`
`and narrower meaning. The 276 Patent does not even use the term “real-time” or
`
`“in substantially real-time.” Further, Dr. Selker agrees that these three claim terms
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`Petition for Inter Partes Review of U.S. 8,725,276
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`are readily understood by a person of ordinary skill in the art and do not require
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`further construction. Selker Decl. at ¶ 31.
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`
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`Nonetheless, Petitioner submits that the prior art herein invalidates the
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`challenged claims under either the plain meaning of these three terms, or under an
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`improperly narrow construction that Plaintiff may assert such as “in substantially
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`real-time.” Thus, while these three claim terms should carry their plain and
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`ordinary meanings, Petitioner submits that none of its arguments herein would be
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`affected if a construction such as “in substantially real-time” were to be adopted.
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`VI. THE 276 PATENT CLAIMS ARE UNPATENTABLE
`A. GROUND 1: Claims 1, 3, 6-9, 16-19, and 21-23 are Anticipated by
`Satava
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`
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`As noted above, the Satava article was published in the Telemedicine
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`Journal and e-Health in September 2000 (Volume 6, Number 3), and is titled The
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`Physiologic Cipher at Altitude: Telemedicine and Real-Time Monitoring of
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`Climbers on Mount Everest. During the documented May 1999 experiment, three
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`Everest climbers wore portable monitoring devices that tracked data such as the
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`climbers’ locations, heart rates, and other physiological vital signs. See Satava at
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`UA-1004.004-.005. The disclosed system included a GPS receiver to monitor
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`position, and a physically separate heart rate monitor to monitor heart rate, among
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`other elements. Id. at .006. The article explains that each climber’s system
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`transmitted data in real-time to Everest base camp, which subsequently
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`Petition for Inter Partes Review of U.S. 8,725,276
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`retransmitted the data in real-time to Yale University. Id. at .004-.005.
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`Researchers at Yale used computers to analyze and display the data in real-time
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`using various display interfaces. Id. at .007.
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`1.
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`Claim 1
`a)
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`A method for monitoring an athletic activity,
`comprising…
`
`
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`Satava discloses the preamble of claim 1 of the 276 Patent. As explained
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`immediately above, Satava discloses a system that monitors an athletic activity—
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`namely, climbing/hiking parts of Mt. Everest. See, e.g., Satava at UA-1004.004;
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`see also Selker Decl. at ¶ 42.
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`b)
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`receiving position data relating to the geographical
`positions of an individual during the athletic activity
`with a global positioning satellite receiver;
`
`
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`As noted above in introducing Satava, Satava discloses receiving position
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`data relating to the geographical positions of an individual during the athletic
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`activity with a global positioning satellite receiver. For example, Satava teaches
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`that its portable system includes “[a]ccurate position tracking using the Global
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`Positioning Satellite (GPS) system (Lassen SK-8, Trimple, Inc., San Jose, CA).”
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`Satava at UA-1004.006. Satava further discloses that, during the climbers’ ascent,
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`“vital signs and position were acquired every 5 minutes and archived and
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`transmitted every 5 minutes. These data (Table 1) consisted of…GPS
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`location…. During the daily morning telemedicine conference between Yale
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`Petition for Inter Partes Review of U.S. 8,725,276
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`University and EBC on the day of the trek to Camp 1, vital signs were
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`retransmitted to Yale University in real time from the climbers, allowing
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`physicians at Yale University to follow vital signs and location while the
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`climbers were ascending through the icefall.” Id. at .008-.009; see also Selker
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`Decl. at ¶ 43. Satava’s dedicated GPS module is depicted on the right side of
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`Figure 2, reproduced here:
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`
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`Id. at .006, Fig. 2 (Caption: “FIG. 2. The vital-signs monitoring (VSM) system of
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`Fitsense, Inc., demonstrating (right to left) the global positioning satellite (GPS)
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`module, ….”).
`
`
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`Accordingly, Satava discloses the step of receiving position data relating to
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`the geographical positions of an individual during the athletic activity with a global
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`positioning satellite receiver. Selker Decl. at ¶ 45.
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`Petition for Inter Partes Review of U.S. 8,725,276
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`c)
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`receiving performance data about the individual
`during the athletic activity with a performance
`monitor that is physically separate from the global
`positioning satellite receiver;
`
`
`
`Satava discloses receiving performance data about the individual during the
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`athletic activity with a performance monitor that is physically separate from the
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`global positioning satellite receiver—for example, receiving heart rate data with a
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`physically separate heart rate monitor during the climbers’ ascent.
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`
`
`For instance, Satava explains that “Figure 2 illustrates the three modules
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`which comprise the system: 1. Non-invasive physiologic sensors to measure
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`vital and physical signs. This includes: heart rate (accurate to + 4 beats per
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`minute), 3-lead EKG….” Satava at UA-1004.006. As seen in Figure 2 above, and
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`as Dr. Selker confirms, the Vital Signs Monitor (VSM) module on the left side of
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`the picture is physically separate from the GPS module on the right side of the
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`picture. See also id. (Caption: “FIG. 2. The vital-signs monitoring (VSM) system
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`of Fitsense, Inc., demonstrating (right to left) the global positioning satellite (GPS)
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`module, ….”); see also Selker Decl. at ¶ 46-48. The 276 Patent itself teaches that a
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`heart rate monitor can be the claimed “performance monitor”—for example, claim
`
`19 recites “wherein the performance monitor comprises a heart rate monitor,” and
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`claim 6 recites “wherein the performance data comprises heart rate data.”
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`
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`Finally, Satava discloses that its performance monitor receives performance
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`data about an individual during the athletic activity. For example, Satava discloses
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`Petition for Inter Partes Review of U.S. 8,725,276
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`that, during the climbers’ ascent, “vital signs and position were acquired every 5
`
`minutes and archived and transmitted every 5 minutes. These data (Table 1)
`
`consisted of…heart rate…. During the daily morning telemedicine conference
`
`between Yale University and EBC on the day of the trek to Camp 1, vital signs
`
`were retransmitted to Yale University in real time from the climbers, allowing
`
`physicians at Yale University to follow vital signs and location while the climbers
`
`were ascending through the icefall.” Id. at .008-.009; Selker Decl. at ¶ 49.
`
`
`
`Therefore Satava discloses receiving performance data (heart rate data)
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`about the individual during the athletic activity (during the climb) with a
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`performance monitor (heart rate monitor) that is physically separate from the
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`global positioning satellite r