Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 1 of 25
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`Case No. 6:22-cv-478
`
`JURY TRIAL DEMANDED
`
`
`ŌURA HEALTH OY,
`
`Plaintiff,
`
`v.
`
`CIRCULAR SAS,
`
`Defendant.
`
`
`ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
` 
`
`
`
`Plaintiff Ōura Health Oy, (“Ōura” or “Plaintiff”) files this Original Complaint for Patent
`
`Infringement against Defendant Circular SAS (“Circular” or “Defendant”).
`
`NATURE OF THE ACTION
`
`1.
`
`Ōura brings this an action against Circular for infringement of United States Patent
`
`Nos. 10,893,833 (“the ’833 Patent) and 10,842,429 (“the ’429 Patent) pursuant to the patent laws
`
`of the United States, 35 U.S.C § 1 et seq. See Ex. A (the ’833 Patent), Ex. B (the ’429 Patent).
`
`PARTIES
`
`2.
`
`Plaintiff Ōura is a Finnish osakeyhtiö with its principal place of business at
`
`Elektroniikkatie 10, 90590, Oulu, Finland. Ōura has an office at 415 Mission Street, 37th Floor,
`
`San Francisco, California 94105. Ōura is the owner by assignment of the ’833 Patent and the ’429
`
`Patent.
`
`3.
`
`Defendant Circular is a French société par actions simplifiée, located at 34 Avenue
`
`des Champs-Elysées, 75008, Paris, France. Circular is offering to sell its infringing product within
`
`the United States through its website, circular.xyz.
`
`JURISDICTION AND VENUE
`
`4.
`
`This Court has original subject matter jurisdiction over this action in accordance
`
`with 28 U.S.C §§ 1331 and 1338(a) because this action arises under the patent laws of the United
`
`
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 2 of 25
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`States 35 U.S.C. § 101, et seq.
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`5.
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`This Court has personal jurisdiction over Circular because it is offering to sell its
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`infringing products, the Circular Ring and corresponding application (“Circular App”) within the
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`geographical boundaries of this judicial district. Circular’s website is interactive and has numerous
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`pages allowing people to educate themselves about the product. The website also includes a chat
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`function allowing persons residing in the district to interact with Circular. The website notably
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`has a prominent shop button. Clicking the shop button directs the user to a page on Circular’s
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`website with a button to reserve the Circular Ring and other buttons to buy accessories, such as a
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`ring sizing kit and a charger. Ex. C (available at: https://www.circular.xyz/shop. Retrieved May
`
`11, 2022). Circular currently anticipates delivering ordered Circular Rings sometime between July
`
`and August of 2022. Id. Clicking the reserve button directs the user to a page to purchase a
`
`Circular Ring. Ex. D (available at: https://www.circular.xyz/circular-product-ring. Retrieved May
`
`11, 2022). Circular requests payment information to “reserve” the ring. If the customer does not
`
`know their ring size, the customer may include a ring sizing kit in their purchase that Circular will
`
`ship to a desired address. Ex. C; Ex. D. Circular represents on its LinkedIn page that ring sizing
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`kits will be
`
`shipped around
`
`the
`
`last week of April.
`
` Ex. E
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`(available at
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`https://www.linkedin.com/company/circularing. Retrieved May 11, 2022). Circular allows the
`
`purchaser to download a 3-D ring to print on a 3-D printer to establish a proper ring size. Ex. D.
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`Circular purports to have a Circular App that is downloadable onto the user’s mobile device.
`
`Ex. D. On information and belief, the Circular App can communicate with the Circular Ring
`
`through the mobile device’s Bluetooth. Id. Circular’s privacy policy demonstrates that personal
`
`data of its customers within the district, including health data, will be collected and contemplates
`
`transferring
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`this
`
`data
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`out
`
`of
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`the United States.
`
` Ex. F
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`(available
`
`at:
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 3 of 25
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`https://www.circular.xyz/privacy-policy. Retrieved May 11, 2022).
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`6.
`
`Circular, including Circular’s co-founders Laurent Bsalis and Amaury Kosman,
`
`advertised attending and was an exhibitor at South by Southwest Conference and Festivals
`
`(“SXSW”) in Austin, Texas on or around March 13 – 16, 2022 to market the Circular Ring at the
`
`Creative
`
`Industries Expo
`
`(Booth
`
`#1423). Ex. E; Ex. N
`
`(available
`
`at:
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`https://www.linkedin.com/feed/update/activity:6908781006237659136.
`
` Retrieved May 11,
`
`2022).
`
`7.
`
`Circular has purposefully availed itself of the privileges and benefits of the laws of
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`the State of Texas and the United States for at least these reasons. See Tex. Civ. Prac. & Rem.
`
`Code § 17.042.
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`8.
`
`Venue is proper in this district under 28 U.S.C. § 1391.
`
`FACTUAL BACKGROUND
`
`Patents-in-Suit
`
`9.
`
`The Patents-in-Suit relate to, among other things, novel wearable devices, such as
`
`rings, for “analysing and processing biological signals[.]” Ex. A, 1:65-67; Figure 1. Analysis of
`
`the biosignals provides the wearer insights into their health, including a readiness score.
`
`’833 Patent
`
`10.
`
`The ’833 Patent generally describes and claims a wearable electronic device
`
`including a body part, an electronic part, and a coating. The body part is made of a non-ceramic
`
`material and has a cavity. The depth of the cavity is arranged within an inner surface of the body
`
`part, and the electronic part is arranged in the cavity. The electronic part has a thickness less than
`
`the depth of cavity. The coating is made of a moldable filler material on the inner surface of the
`
`body part covers the electronic part. The disclosed wearable device can be a ring as shown below:
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 4 of 25
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`Ex. A, Figure 1.
`
`
`
`’429 Patent
`
`11.
`
`The ’429 Patent generally describes and claims a method and system of obtaining
`
`a user’s movements, using the movements to determine a rest period or activity period, measuring
`
`biosignals during the rest period, determining a rest period summary, determining an activity
`
`summary, determining a body response summary based on the rest summary and activity summary,
`
`calculating a readiness score, and showing elements contributing to the readiness score and
`
`instructions related to physical activity and mental activity for improving the readiness score on a
`
`user interface of a mobile communication device.
`
`12.
`
`“The readiness score indicates a level of readiness of the user as well as the recovery
`
`of the user from the mental and physical load.” Ex. B, 10:3-5. The readiness score takes into
`
`account the user’s sleep and activity to help the user understand their readiness to tackle the
`
`challenges of the day. The user is provided “appropriate instructions to improve the readiness
`
`score.” Id. at 2:37-40. Below are two examples from the ’429 Patent of instructions provided to
`
`the user to improve the readiness score:
`
`For example, if the readiness score of the user is poor or low (such as about 40%)
`after doing exercise, the user may be instructed to take more rest such that the heart
`rate, heart rate variability and stress level return to normal state. This in turn may
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 5 of 25
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`improve the readiness score related to the physical load. Similarly, if the readiness
`score of the user is poor or low (such as about 40%) after a sleep, the user may be
`instructed to sleep longer or to do mild exercise to have good quality sleep, which
`in turn may improve the readiness score related to the mental load.
`
`Ex. B, 10:43-52.
`
`Ōura’s Product
`
`13.
`
`Ōura sells the Ōura Ring Generation 3 (“Ōura Ring”). The Ōura Ring is
`
`connectable to Ōura’s mobile application (“Ōura App”) installed on the wearer’s mobile
`
`communication device, such as a cell phone. Below are example images of the Ōura Ring and the
`
`readiness score shown on the Ōura App.
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`Ōura Ring Generation 3
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`Readiness Score Shown on Ōura’s App
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`
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`14.
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`The Ōura Ring includes multiple sensors, including infrared light emitting diodes
`
`(“LEDs”), red LEDs, green LEDs, temperature sensors, and an accelerometer.
`
`15.
`
`The information obtained from the sensors is used to determine, amongst other
`
`things, if the wearer is asleep or active.
`
`16.
`
`The Ōura App displays, amongst other things, the user’s readiness score. The
`
`readiness score is calculated based on several metrics, including resting heart rate (often
`
`abbreviated as RHR), heart rate variability (often abbreviated as HRV), body temperature,
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`respiratory rate, sleep, sleep balance, the previous day’s activity, activity balance, and a recovery
`
`index.
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`17.
`
`If the wearer’s readiness is suboptimal, the Ōura App shows a “pay attention”
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`message with a red progress bar to show that the metric needs to be improved to increase the
`
`readiness score. Ōura also provides other messages to the wearer, such as alerting the wearer to
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 7 of 25
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`use tools like Rest Mode to help improve the readiness score.
`
`18.
`
`The Ōura Ring practices the ’833 Patent. The Ōura Ring and Ōura App practice
`
`the ’429 Patent.
`
`Circular’s Product
`
`19.
`
`On information and belief, the Circular Ring is connectable to the Circular App that
`
`is downloadable to the wearer’s mobile communication device, such as a cell phone. See Ex. D.
`
`On information and belief, the Circular App is able to communicate with the Circular Ring through
`
`the mobile communication device by Bluetooth technology. Id.
`
`20.
`
`Circular determines an energy score for the wearer. Ex. G (available at:
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`https://www.circular.xyz/features. Retrieved May 11, 2022); Ex. H
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`(available at:
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`https://www.circular.xyz/. Retrieved May
`
`11,
`
`2022);
`
`Ex.
`
`I
`
`(available
`
`at:
`
`https://www.circular.xyz/post/understanding-the-circular-r-energy-score-are-you-ready-or-not-
`
`for-the-day. Retrieved May 11, 2022). Circular analyzes numerous other metrics, including blood
`
`oxygenation, temperature, steps, sleep, breathing rate, and heart rate. Ex. H.
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`
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`21.
`
`Below is an example image of the Circular Ring, an exploded view of the Circular
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`Ring, and the energy score displayed on the Circular App.
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`
`
`Circular Ring – Ex. D
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`Exploded View of the Circular Ring – Ex. G
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`
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`
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`Energy Score – Ex. G
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`22.
`
`The Circular Ring includes one infrared LED sensor, one red LED sensor, one
`
`green LED sensor, a 3-axis accelerometer, and one surface temperature sensor. Ex. D.
`
`23.
`
`The Circular Ring and Circular App (“Accused System”) obtain the user’s
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`movements by using sensors. Ex. J (available at: https://www.circular.xyz/post/what-are-
`
`biosensors. Retrieved May 11, 2022); Ex. K (available at: https://www.circular.xyz/help#FAQ.
`
`Retrieved May 11, 2022). Circular’s FAQ page also explains how Circular measures body signals:
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`
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`Excerpt from Circular’s FAQ Page – Ex. K
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`24.
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`On information and belief, Circular is able to automatically detect what activity the
`
`wearer is undertaking. See Ex. H; Ex. K. The Accused System can also identify if the wearer is
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`running, biking, or swimming based on collected data. Ex. H. Below are examples of Circular’s
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`website stating that the Accused System can identify an activity:
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`Excerpt from Circular’s Home Page – Ex. H
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 10 of 25
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`
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`Excerpt from Circular’s FAQ Page – Ex. K
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`25.
`
`The Accused System can determine if the wearer is active or sleeping. Ex. H; Ex. L
`
`(available at: https://www.circular.xyz/sleep. Retrieved May 11, 2022). On information and belief,
`
`the Circular Ring obtains biosignals while the wearer is both active and sleeping. Below are
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`examples of Circular’s website stating that the Accused System analyzes if the wearer is asleep or
`
`active:
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 11 of 25
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`
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`Examples of Circular Analyzing if the Wearer is Active or Sleeping – Ex. H
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`26.
`
`On information and belief, the Accused System determines an activity summary for
`
`the activity period based on the obtained movements of an activity period and the obtained
`
`movements of a previous activity period. Ex. G. Circular provides an activity overview, activity
`
`metrics, and activity graphs to the wearer as shown below in an excerpt from Ex. G.
`
`Additionally, the Accused System tracks activities over multiple days as shown below in the feed
`
`of the Circular App.
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`
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`
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`Example Feed from Circular App – Ex. G.
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`Circular explains that the activity volume metric “looks at your activities over a period of 1 week.”
`
`Ex. I. The body recovery metric checks the wearer’s activity volume within the previous 48 hours.
`
`Id. Heart rate variability is also established over a period of time rather than just one day. Ex. M
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`(available at: https://www.circular.xyz/post/how-to-use-heart-rate-variability-hrv-with-circular.
`
`Retrieved May 11, 2022).
`
`27.
`
`Circular also tracks the wearer’s sleep. Ex. K; Ex. L. Circular explains how it
`
`tracks a wearer’s sleep on its FAQ page, as shown below. Ex. K.
`
`28.
`
`On information and belief, the Accused System determines a summary of the
`
`wearer’s rest (sleep) based on biosignals, including at least one biosignal from a previous period
`
`of the wearer’s rest. Ex. G; Ex. I; Ex. K; Ex. L. As shown below in an excerpt from Ex. G,
`
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`Circular provides the wearer with a sleep quality score, a sleep over-view, sleep metrics, and sleep
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`graphs.
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`Additionally, the sleep quality score and sleep balance metric are evaluated on at least two nights
`
`of sleep as shown below in an excerpt from Ex. I.
`
`
`
`
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`29.
`
`On information and belief, the Accused System determines a body response
`
`summary based on the user’s activity summary and sleep summary. For example, the Accused
`
`System determines the following parameters: a heart rate variability (HRV), resting heart rate
`
`(RHR), breathing rate (BR), activity volume, body recovery, sleep quality score and balance,
`
`temperature variation, and wake up score. Ex. I.
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`30.
`
`Circular makes clear that the energy score is “composed of your last days” heart
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`rate variability, resting heart rate, breathing rate, activity volume, body recovery, sleep quality
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`score and balance, temperature variation, and wake up score. Id.
`
`31.
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`Per Circular’s website, the energy score “reflects your energy level for the day
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`based on your sleep and activity data. Get to know when you can push yourself to max out your
`
`daily performances or when you may take it easy.” Ex. G. Circular’s website also states that the
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`energy score “is made up of many day and night contributors that evaluate your vitality.” Ex. H.
`
`32.
`
`As shown below, the user interface of the Circular App shows the elements
`
`contributing to the energy score.
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`Display of Energy Score Metrics on Circular App – Ex. I
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`
`
`33.
`
`On information and belief, the Circular Ring sends recommendations to the wearer
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`to improve the energy score. For example, the Circular App tells the user information about each
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`component of the energy score, such as showing a green, red, or orange bar and a message saying
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`“Good” or “Optimal” for the metric. Additionally, Kira, Circular’s digital assistant, may tell “you
`
`that you should be careful and rest a certain day because your body signals are poor.” Ex. I.
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`Additionally, the user can see recommendations on the user interface of the Circular App shown
`
`below in an excerpt from Ex. G.
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`Kira sends alerts to the wearer “if something unusual is happening, recommends you [sic] how to
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`improve your well-being at the right time and accompanies you on your mission to achieve better
`
`
`
`health.” Ex. H.
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`Circular is Offering to Sell Its Product Within the United States
`
`34.
`
`Circular is offering to sell the Circular Ring within the United States and in this
`
`district. Ex. C; Ex. D.
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`35.
`
`Circular, as of May 11, 2022, is offering a pre-sale exclusive deal of 12% off the
`
`purchase price. Ex. C. As of May 11, 2022, the Circular Ring can be purchased for $264. Ex. D.
`
`36.
`
`Circular provides a ring sizing kit to allow purchasers to size their Circular Ring.
`
`Ex. C; Ex. D. On information and belief, the delivery of the ring sizing kits into the United States
`
`is imminent. See Ex. E.
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`37.
`
`Circular anticipates delivering the purchased Circular Rings between July and
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`August of 2022. Ex. C; Ex. D.
`
`38.
`
`On information and belief, Circular is planning to import Circular Rings into the
`
`United States. On information and belief, Circular is planning to make the Circular App available
`
`for download in the United States. On information and belief, Circular anticipates people using
`
`both the Circular Ring and the Circular App within the United States.
`
`Pre-Suit Communications between Ōura and Circular
`
`39.
`
`On January 21, 2022, Ōura sent a cease and desist letter to Circular (“Cease and
`
`Desist Letter”). Circular responded on February 4, 2022, denying infringement which lead to
`
`additional communications between the parties. In particular, Circular admitted to knowing of and
`
`studying Ōura’s patents prior to the Cease and Desist Letter in an email dated February 15, 2022,
`
`and promised, but failed, to follow up with a substantive response explaining why its product did
`
`not infringe. Ōura diligently followed up with Circular for this promised analysis over the course
`
`of about six weeks. Circular repeatedly asked for more time before ultimately hiring a Mr.
`
`Jonathan Pearce in April. Mr. Pearce declined to provide Ōura the promised analysis.
`
`40.
`
`As shown on their website, Circular has not stopped offering to sell the Circular
`
`Ring and Circular App within the United States despite the Cease and Desist Letter and their
`
`admitted knowledge of Ōura’s Patents.
`
`41.
`
`On information and belief, Circular is still planning on importing the Circular Ring
`
`into the United States and still planning to make the Circular App available in the United States
`
`despite receipt of the Cease and Desist Letter.
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`COUNT I
`
`Infringement of U.S Patent No. 10,893,833
`
`42.
`
`Ōura re-alleges and incorporates by reference the allegations contained in
`
`paragraphs 1-41 of this Complaint as if fully set forth herein.
`
`43.
`
`On January 19, 2021, the United States Patent and Trademark Office (“USPTO”)
`
`issued the ’833 Patent, entitled “Wearable Electronic Device and Method for Manufacturing
`
`Thereof.” Ōura is the owner through assignment.
`
`44.
`
`The ’833 Patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`45.
`
`The ’833 Patent complies with 35 U.S.C. § 101 because the claims are not
`
`individually or in combination well-understood, routine, and/or conventional.
`
`46.
`
`On information and belief, Circular has directly infringed, and continues to
`
`infringe, the claims of the ’833 Patent pursuant to 35 U.S.C. § 271(a) by offering to sell the Circular
`
`Ring within the United States, as described herein.
`
`47.
`
`On information and belief, Circular’s infringement has been and continues to be
`
`willful.
`
`48.
`
`On information and belief, the Circular Ring has infringing features that were
`
`especially made or especially adapted for use in an infringement of the ’833 Patent, are not a staple
`
`article or commodity of commerce, and have no substantial use that does not infringe the ’833
`
`Patent. Circular has committed, and continues to commit, contributory infringement of the ’833
`
`Patent under 35 U.S.C. § 271(c) by offering to sell the Circular Ring within the United States.
`
`49.
`
`Circular has infringed and continues to infringe, literally, directly or indirectly, or
`
`under the doctrine of equivalents, one or more claims, including at least claim 1, of the ’833 Patent
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`by offering to sell the Circular Ring within the United States. Below is labeled exploded view of
`
`the Circular Ring found on Circular’s website to assist with the mapping of claim 1 of the ’833
`
`Patent to the Circular Ring. Ex. G.
`
`High Level Map of Claim 1 to the Circular Ring (annotation added)
`
`50.
`
`On information and belief, the Circular Ring includes a body part, an electronic
`
`
`
`part, and a coating.
`
`On information and belief, the body part is made of a non-ceramic material.
`
`On information and belief, the body part includes an inner surface and an outer
`
`51.
`
`52.
`
`surface.
`
`53.
`
`On information and belief, the body part includes at least one cavity formed on the
`
`inner surface of the body part.
`
`54.
`
`On information and belief, the cavity extends from the inner surface of the body
`
`part towards the outer surface of the body part.
`
`55.
`
`On information and belief, the cavity has a depth arranged within the inner surface
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`of the body part.
`
`56.
`
`57.
`
`On information and belief, the electronic part is arranged in the cavity.
`
`On information and belief, the electronic part has a thickness that is less than the
`
`depth of the cavity.
`
`58.
`
`On information and belief, the coating is made of a moldable filler material on the
`
`inner surface of the body part.
`
`59.
`
`60.
`
`On information and belief, the coating is covering the electronic part and the cavity.
`
`Accordingly, on information and belief, Circular infringes at least claim 1 of the
`
`’833 Patent in violation of 35 U.S.C. § 271(a) and/or (c).
`
`61.
`
`As a result of Circular’s infringement of the ’833 Patent, Ōura has suffered
`
`monetary damages and seeks recovery in an amount adequate to compensate for that infringement.
`
`62.
`
`On information and belief, Circular has gained profits by virtue of its infringement
`
`of the ’833 Patent.
`
`63.
`
`Circular has had knowledge of the ’833 Patent since it received Ōura’s Cease and
`
`Desist Letter dated January 21, 2022.
`
`64.
`
`On information and belief, Circular had knowledge of the ’833 Patent prior to the
`
`Cease and Desist Letter.
`
`65.
`
`Circular’s infringement of the ’833 Patent continues to be intentional, deliberate,
`
`willful, and without regard to Ōura’s rights at least because they had knowledge of the ’833 Patent.
`
`On information and belief, Circular’s infringement has continued to be intentional, deliberate,
`
`willful, and without regard to Ōura’s rights after receipt of the Cease and Desist Letter.
`
`66.
`
`The facts and circumstances surrounding the subject of the lawsuit, on information
`
`and belief, make this an “exceptional case” under 25 U.S.C. § 285 and as such, Ōura is entitled to
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 20 of 25
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`recovery of attorney fees under 25 U.S.C. § 285.
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`COUNT II
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`Infringement of U.S Patent No. 10,842,429
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`67.
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`Ōura re-alleges and incorporates by reference the allegations contained in
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`paragraphs 1-66 of this Complaint as if fully set forth herein.
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`68.
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`On November 24, 2020, the USPTO issued the ’429 Patent, entitled “Method and
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`System for Assessing a Readiness Score of a User.” Ōura is the owner through assignment.
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`69.
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`The ’429 Patent is valid, enforceable, and was duly issued in full compliance with
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`Title 35 of the United States Code.
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`70.
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`The ’429 Patent complies with 35 U.S.C. § 101 because the claims are not
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`individually or in combination well-understood, routine, and/or conventional.
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`71.
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`On information and belief, Circular has directly infringed, and continues to
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`infringe, one or more claims of the ’429 Patent pursuant to 35 U.S.C. § 271(a) by offering to sell
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`the Accused System within the United States, as described herein.
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`72.
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`Additionally, Circular expects and intends people to use the Accused System within
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`the United States in direct infringement of the ’429 Patent, including using the user interface to
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`show the elements contributing to the readiness score and/or to show instructions related to
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`physical activity and mental activity for improving the readiness score. As such, Circular has
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`induced infringement of the ’429 Patent under 35 U.S.C. §271(b).
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`73.
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`On information and belief, the Accused System has infringing features that were
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`especially made or especially adapted for use in an infringement of the ’429 Patent, are not a staple
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`article or commodity of commerce, and have no substantial use that does not infringe the ’429
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`Patent. Circular has committed, and continues to commit, contributory infringement of the ’429
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 21 of 25
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`Patent under 35 U.S.C. § 271(c) by offering to sell the Accused System within the United States.
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`74.
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`Circular has infringed and continues to infringe, literally, directly or indirectly, or
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`under the doctrine of equivalents, one or more claims, including at least claim 1, of the ’429 Patent
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`by offering to sell the Accused System. Claim 1 is a method for assessing readiness of a user. The
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`Accused System assesses the readiness of the user by way of the energy score. Ex. I. The Accused
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`System obtains the user’s movements using sensors. Ex. D; Ex. H; Ex. I; Ex. J; Ex. K; Ex. L. The
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`Accused System uses the obtained movements to determine the nature of a period, wherein the
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`nature of the period is selected from an activity period and a rest period, because the Accused
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`System can differentiate between a user being active and resting (e.g., sleeping). Ex. G. Ex. H;
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`Ex. K; Ex. L. The Circular Ring measures at least one biosignal of the user during the rest period,
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`as evidenced by the Accused System’s ability to provide the user sleep metrics, such as showing
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`sleep graphs. Ex. G; Ex. H; Ex. I; Ex. K; Ex. L. The Accused System determines a rest summary
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`for the rest period, such as by generating the sleep quality score, sleep balance, and sleep overview.
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`Ex. H; Ex. G; Ex. I; Ex. K; Ex. L. The Accused System determines the rest summary based on the
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`measured at least one biosignal and at least one biosignal of a previous rest period, as evidenced
`
`by references to multiple nights of sleep to determine sleep metrics. Ex. G; Ex. I (the sleep quality
`
`and balance score is based on two nights of sleep); Ex. K; Ex. L. The Accused System determines
`
`an activity summary for the activity period based on the obtained movements of an activity period
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`and obtained movements of at least one previous activity period. Ex. G; Ex. H; Ex. I (Activity
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`Volume and Body Recovery are based on activities occurring over multiple days); Ex. J. The
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`Accused System determines a body response summary based on the rest summary and the activity
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`summary. Ex. I. The Accused System calculates a readiness score based on the body response
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`summary and a previous body response summary by calculating the energy score. Ex. G; Ex. H;
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 22 of 25
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`Ex. I. The Accused System’s energy score indicates a level of readiness of the user, because the
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`energy score “reflects your energy level for the day based on your sleep and activity data. Get to
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`know when you can push yourself to max out your daily performances or when you may take it
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`easy.” Ex. G; see also Ex. I. The Circular App has a user interface, and the Circular App uses the
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`user interface of the mobile communication device to show elements contributing to the readiness
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`score as shown below:
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`
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`Excerpt from Ex. I
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`The user interface also provides instruction related to physical activity and mental activity for
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`improving the readiness score, such as shown by the colored bar and “Good’ or “Optimal” prompt
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 23 of 25
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`in the above figure or by other messages and recommendations displayed on the user interface.
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`Ex. G; Ex. I.
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`75.
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`Accordingly, on information and belief, Circular infringes at least claim 1 of the
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`’429 Patent in violation of 35 U.S.C. § 271(a), (b), and/or (c).
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`76.
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`As a result of Circular’s infringement of the ’429 Patent, Ōura has suffered
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`monetary damages and seeks recovery in an amount adequate to compensate for that infringement.
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`77.
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`On information and belief, Circular has gained profits by virtue of its infringement
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`of the ’429 Patent.
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`78.
`
`Circular has had knowledge of the ’429 Patent since it received Ōura’s Cease and
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`Desist Letter dated January 21, 2022.
`
`79.
`
`On information and belief, Circular had knowledge of the ’429 Patent prior to the
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`Cease and Desist Letter.
`
`80.
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`Defendant’s infringement of the ’429 Patent has been and continues to be
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`intentional, deliberate, willful, and without regard to Ōura’s rights at least because they had
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`knowledge of the ’429 Patent. On information and belief, Circular’s infringement has continued
`
`to be intentional, deliberate, willful, and without regard to Ōura’s rights after receipt of the Cease
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`and Desist Letter.
`
`81.
`
`The facts and circumstances surrounding the subject of the lawsuit, on information
`
`and belief, make this an “exceptional case” under 25 U.S.C. § 285 and as such, Ōura is entitled to
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`recovery of attorney fees under 25 U.S.C. § 285.
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`JURY DEMAND
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`Ōura hereby requests a trial by jury on issues so triable by right.
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 24 of 25
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`PRAYER FOR RELIEF
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`WHEREFORE, Ōura respectfully requests judgement against Defendant as follows:
`
`A.
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`Enter judgment that Circular has infringed the ʼ833 Patent and the ’429 Patent and
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`that such infringement was willful;
`
`B.
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`Enter an Order enjoining Circular, its agents, officers, servants, employees,
`
`attorneys, and all persons in active concert or participation with Circular from further infringement
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`of the ʼ833 Patent and the ’429 Patent, including making, using, selling, and importing the Circular
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`Ring and Circular App;
`
`C.
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`Award Ōura damages in an amount sufficient to compensate it for Circular’s
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`infringement of the ʼ833 Patent and the ’429 Patent, including enhanced damages, together with
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`pre-judgment and post-judgment interest and costs in accordance with 35 U.S.C. § 284;
`
`D.
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`Award Ōura an accounting for acts of infringement not presented at trial and an
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`award by the Court of additional damages for any such acts of infringement;
`
`E.
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`Declare this case to be “exceptional” under 35 U.S.C. § 285, at least in part due to
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`Circular’s willfulness, and award Plaintiff its reasonable attorney fees, expenses, and costs
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`incurred in this action; and
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`F.
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`Award Plaintiff such further relief to which the Court finds Plaintiff entitled under
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`law or equity.
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`Case 6:22-cv-00478 Document 1 Filed 05/11/22 Page 25 of 25
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`Dated: May 11, 2022
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`Respectfully submitted,
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`By: /s/ John A. Yates
`
`John A. Yates
`Attorney In Charge
`Texas Bar No. 24056569
`jyates@pattersonsheridan.com
`
`B. Todd Patterson
`Texas Bar No. 00789537
`tpatterson@pattersonsheridan.com
`
`Kyrie Cameron
`Texas Bar No. 24097450
`kcameron@pattersonsheridan.com
`
`Edgar N. Gonzalez
`Texas Bar No. 24097450
`egonzalez@pattersonsheridan.com
`
`Joshua H. Park
`Texas Bar No. 24121766
`jpark@pattersonsheridan.com
`
`Patterson + Sheridan LLP
`24 Greenway Plaza, Suite 1600
`Houston, Texas 77046
`(Tel): 713-623-4844
`(Fax): 713-623-4846
`
`Abelino Reyna
`Texas Bar No. 24000087
`areyna@pattersonsheridan.com
`
`Patterson + Sheridan LLP
`729 Washington Ave., Suite 200
`Waco, Texas 76701
`(Tel.): 254-777-5248
`(Fax): 877-777-8071
`
`Attorneys for Plaintiff,
`Ōura Health Oy
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`25 
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