DCT
2:13-cv-01151
FEGO Precision Industrial Co Ltd v. Nike Inc
Key Events
Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: FEGO Precision Industrial Co., Ltd. (Taiwan)
- Defendant: Nike, Inc. (Oregon)
- Plaintiff’s Counsel: Ni, Wang & Associates, PLLC
- Case Identification: 2:13-cv-01151, E.D. Tex., 12/31/2013
- Venue Allegations: Plaintiff alleges venue is proper because Defendant has transacted business in the district and has committed acts of infringement there.
- Core Dispute: Plaintiff alleges that Defendant’s Nike+ Fuelband and its related applications infringe two patents related to systems and methods for associating user-input notes with data from a measurement device.
- Technical Context: The technology involves linking contextual notes (e.g., text, audio, categorical inputs) to specific data points or events recorded by electronic measurement devices, enhancing the value of the raw data for applications like personal health and fitness tracking.
- Key Procedural History: The U.S. Patent No. 8,078,430 is a continuation of the application that issued as U.S. Patent No. 7,680,629, indicating a shared specification and close technological relationship. The complaint does not mention any other prior litigation, licensing, or post-grant proceedings.
Case Timeline
| Date | Event |
|---|---|
| 2007-08-30 | Earliest Priority Date for '629 and '430 Patents |
| 2010-03-16 | '629 Patent Issued |
| 2011-12-13 | '430 Patent Issued |
| 2013-12-31 | Complaint Filing Date |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 7,680,629 - System and Method for Providing Notes in Measurement Devices
- Patent Identification: U.S. Patent No. 7680629, "System and Method for Providing Notes in Measurement Devices," issued March 16, 2010.
The Invention Explained
- Problem Addressed: The patent describes a problem where conventional measurement devices, such as medical or fitness monitors, lack an integrated and convenient way to record contextual information (notes) in real-time alongside the measurements they take (Compl. Ex. A, ’629 Patent, col. 1:36-44). This separation of data from context—such as a user's feelings, activities, or environmental conditions—makes it difficult to properly interpret the measurement results (Compl. Ex. A, ’629 Patent, col. 1:29-35).
- The Patented Solution: The invention proposes a measurement device comprising specific components that solve this problem: a "measurement component" to gather data, a "note control component" to receive user notes, and a "Central Processing Unit (CPU)" that explicitly "links" the note to the corresponding "measuring event" (Compl. Ex. A, ’629 Patent, Abstract). This creates an integrated data record where the measurement and its context are stored together, as shown in the system architecture of Figure 1 (Compl. Ex. A, ’629 Patent, col. 4:1-11).
- Technical Importance: This approach enables the creation of a richer, more meaningful data log for users, doctors, or trainers by preserving the "why" behind a measurement, not just the "what" (Compl. Ex. A, ’629 Patent, col. 5:40-45).
Key Claims at a Glance
- The complaint’s allegations track the language of Independent Claim 1, though no specific claims are formally asserted (Compl. ¶7).
- Independent Claim 1 of the '629 Patent recites:
- at least one measurement component, adapted to perform measurement in at least one measuring event of the measurement device;
- a note control component, adapted to obtain and record at least one note that is input with respect to the at least one measuring event; and
- a Central Processing Unit (CPU), adapted to link the at least one note with the at least one measuring event.
- The complaint does not reserve the right to assert dependent claims.
U.S. Patent No. 8,078,430 - System and Method for Providing Notes in Measurement Devices
- Patent Identification: U.S. Patent No. 8078430, "System and Method for Providing Notes in Measurement Devices," issued December 13, 2011.
The Invention Explained
- Problem Addressed: As a continuation of the '629 Patent's application, the '430 Patent addresses the same fundamental problem of conventional measurement devices being unable to capture and link contextual notes to specific measurements in an integrated fashion (Compl. Ex. B, ’430 Patent, col. 1:30-44).
- The Patented Solution: The '430 Patent claims a system and method for note-taking in a measurement device. The method involves receiving and recording a note that is "information other than measurement" and "linking the note with the individual measuring event" (Compl. Ex. B, ’430 Patent, col. 10:27-35). The patent specification describes this linking process as potentially being achieved via a shared timestamp or a unique event ID (Compl. Ex. B, ’430 Patent, col. 8:26-30).
- Technical Importance: The invention provides a structured method for enriching raw measurement data, which is described as being "significantly helpful for doctors in providing diagnosis or treatment" or for fitness trainers designing programs (Compl. Ex. B, ’430 Patent, col. 2:4-8).
Key Claims at a Glance
- The complaint’s allegations most closely track the language of Independent Claim 25 (a method claim), though apparatus claims are also implicated (Compl. ¶12).
- Independent Claim 25 of the '430 Patent recites the steps of:
- receiving and recording a note corresponding to an individual measuring event of the electronic measurement device input from a note input device, the note being information other than measurement of the individual measuring event; and
- linking the note with the individual measuring event.
- The complaint does not reserve the right to assert dependent claims.
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are the "Nike+ Fuelband and the related applications" (Compl. ¶7, ¶12).
Functionality and Market Context
The complaint alleges that the accused products, working together, constitute an infringing system and perform an infringing method (Compl. ¶7, ¶12). Based on the allegations, the Nike+ Fuelband functions as the "measurement device" that records a user's physical activity, and the "related applications" provide the interface for a user to input notes that are then associated with that activity data (Compl. ¶7, ¶12). The complaint does not provide specific technical details about how the accused products operate or any information regarding their market position.
IV. Analysis of Infringement Allegations
The complaint provides a high-level, conclusory theory of infringement without detailed claim charts or specific evidence of the accused product's operation. No probative visual evidence provided in complaint.
’629 Patent Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| at least one measurement component, adapted to perform measurement in at least one measuring event... | The complaint alleges the Nike+ Fuelband and related applications include "at least one measuring component" (Compl. ¶7). This appears to refer to the Fuelband's sensors for tracking physical activity. | ¶7 | col. 4:17-19 |
| a note control component, adapted to obtain and record at least one note... | The complaint alleges the accused system includes a "note control component" (Compl. ¶7). This presumably refers to the "related applications" that allow for note entry. | ¶7 | col. 4:20-22 |
| a Central Processing Unit (CPU), adapted to link the at least one note with the at least one measuring event. | The complaint alleges the accused system includes a CPU "adapted to link the measuring event to a note" (Compl. ¶7). This refers to the system's alleged function of associating user notes with activity data. | ¶7 | col. 4:32-34 |
’430 Patent Infringement Allegations
| Claim Element (from Independent Claim 25) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving and recording a note corresponding to an individual measuring event... the note being information other than measurement... | The complaint alleges the accused products perform a method that includes "receiving and recording a note corresponding to a measuring event... the note information being information other than measurement..." (Compl. ¶12). | ¶12 | col. 7:3-10 |
| linking the note with the individual measuring event. | The complaint alleges the accused method includes "linking the note with the individual measuring event" (Compl. ¶12). | ¶12 | col. 8:26-30 |
Identified Points of Contention
- Technical Questions: The complaint lacks factual support detailing how the accused Nike+ system performs the claimed functions. A central question will be what evidence demonstrates that the "related applications" function as the claimed "note control component" and perform the specific step of "linking" a note to a "measuring event." The patent specification describes structured linking mechanisms, such as timestamp correlation with dedicated flags in a data file (Compl. Ex. A, '629 Patent, Fig. 3), and it is an open question whether the accused system operates in a comparable manner.
- Scope Questions: A dispute may arise over whether the patent claims, read in light of a specification heavily focused on medical device examples like blood pressure monitors, should be interpreted to cover consumer fitness trackers.
V. Key Claim Terms for Construction
The Term: "note control component" ('629 Patent, Claim 1)
Context and Importance
This term is a central structural element of the claimed apparatus. Its definition will be critical to determining if the "related applications" of the Nike+ system meet this limitation. Practitioners may focus on this term because its interpretation could determine whether general-purpose software for note-taking on a separate device (e.g., a smartphone) can be considered an integrated "component" of the measurement device system.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The specification describes the component's function broadly as being for "receiving and recording, etc. notes input via the note input device" (Compl. Ex. A, ’629 Patent, col. 4:20-22).
- Evidence for a Narrower Interpretation: The patent consistently depicts the "Note control" element (116) as a distinct structural block within the measurement device's architecture in Figure 1. The detailed description states that the "note control component (116) and the CPU work together to enable notes to be taken and recorded in an integral manner" (Compl. Ex. A, ’629 Patent, col. 4:36-39), suggesting a specific and integrated relationship rather than a generic software function.
The Term: "linking" the note with the measuring event ('629 Patent, Claim 1; '430 Patent, Claim 25)
Context and Importance
This action is the core of the invention. The outcome of the case may depend on whether the association between data and notes in the Nike+ system constitutes "linking" as understood in the patent.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The term "link" is not explicitly defined, which could support a plain-meaning interpretation covering any form of association.
- Evidence for a Narrower Interpretation: The specification provides concrete examples of "linking," such as creating a correlation through a shared "measuring timestamp" (Compl. Ex. A, ’629 Patent, col. 8:26-30) and using dedicated flags ("TN" for text note, "VN" for voice note) in a data table to indicate the presence of a linked note for a specific data entry (Compl. Ex. A, ’629 Patent, Fig. 3). Figure 6 provides a diagram titled "The links among BP.txt, Notes.txt and Voice Notes," which illustrates this structured, file-based linking concept. This may support an argument that "linking" requires more than a simple temporal coincidence.
VI. Other Allegations
Indirect Infringement
The prayer for relief seeks an injunction against inducing or contributing to infringement (Compl. p. 5, ¶2). However, the complaint body does not plead specific facts to support the knowledge and intent elements required for such claims, such as alleging that Nike's user manuals or marketing materials instruct users to perform the patented method.
Willful Infringement
The complaint does not contain an allegation of willful infringement.
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "note control component," described in the patent as an integral part of a measurement device's architecture, be construed to read on software features within the "related applications" that run on a separate general-purpose device like a smartphone?
- A second central issue will be one of claim construction and proof: what specific technical action does the term "linking" require? The case may turn on whether Plaintiff can provide evidence that the accused Nike+ system creates an explicit, structured association between notes and activity data, as depicted in the patents' figures, or if a more general temporal correlation is sufficient to meet the claim limitation.
- Finally, an evidentiary question will be one of technical operation: given the conclusory nature of the complaint, the case will depend on what discovery reveals about the actual architecture and data handling methods of the Nike+ Fuelband system and whether they map onto the specific components and steps recited in the asserted claims.