PTAB

IPR2015-00656

Nike Inc v. Mayfonk Athletic LLC

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Key Events
Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Athletic-Wear Having Integral Measuring Sensors
  • Brief Description: The ’584 patent discloses a networked system for tracking and sharing athletic performance data. The system comprises sensors and a computing unit integrated into an article of athletic wear, which communicate with an external personal computing device that, in turn, connects to a remote server for data storage, analysis, and social sharing.

3. Grounds for Unpatentability

Ground 1: Obviousness over Molyneux - Claims 3-4, 6-13, and 15-27 are obvious over Molyneux.

  • Prior Art Relied Upon: Molyneux (Patent 8,172,722) and its priority application (filed Dec. 5, 2008).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Molyneux discloses all elements of the challenged claims. Molyneux teaches an athletic performance monitoring system for team sports where players use shoe-borne sensor units that gather and transmit real-time data to a portable receiver, which can then transmit the data to a remote server. Petitioner mapped Molyneux’s shoe-borne sensor unit (with its inherent processor) to the claimed "computing unit," the portable receiver to the "external computing device," and the remote computer system to the "remote server." Molyneux’s system further discloses tracking athletic parameters (e.g., top speed, acceleration), real-time data transmission, and server-based data storage, thereby teaching the core functionality of independent claims 3, 12, and 21. For dependent claims, Molyneux’s disclosure of shoe-integrated sensors and the ability to display performance data on the receiver were argued to meet the respective limitations.
    • Motivation to Combine: As a single-reference ground, the argument focused on inherency and obvious design choices. For the claim limitation requiring a "specifically paired" wireless connection with authentication, Petitioner contended that a person of ordinary skill in the art (POSITA) would be motivated to use a standard authenticated protocol like Bluetooth. This was presented as an obvious solution to ensure that each player's sensor unit correctly pairs with their specific portable receiver in a multi-player environment, which is the exact context Molyneux describes. Petitioner also argued that deciding whether the computing unit or the external device performs data conditioning is a matter of routine design choice, and Molyneux’s disclosure of real-time display inherently suggests such conditioning would occur.
    • Expectation of Success: A POSITA would have a high expectation of success in implementing features like Bluetooth pairing, as it was a well-known and conventional technology used for securely connecting personal electronic devices.

Ground 2: Obviousness over Gardner and Teller - Claims 21-27 are obvious over Gardner in view of Teller.

  • Prior Art Relied Upon: Gardner (Patent 7,454,002) and Teller (Patent 7,689,437).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner asserted that Gardner discloses the fundamental structure of the social networking system of claim 21. Gardner teaches a personal data capture device with sensors and a microprocessor (the "computing unit") that transmits user activity data (e.g., steps, heart rate) to a network server via a wireless communication device. The server hosts a website where users can view their data and compare it with data from other subscribers. This maps directly to the claimed plurality of measurement apparatus, server, computer network, and personal processing unit configured to receive data from the server. Teller was introduced to supply the teaching of real-time data handling. Teller discloses an activity monitoring system where physiological data is collected and transmitted, either subsequently or in real-time, to a remote site for storage and presentation over a network like the Internet.
    • Motivation to Combine: A POSITA would combine these references to improve the user experience of Gardner's system. Gardner's system is centered on sharing and comparing athletic data among users on a website. A POSITA would be motivated by Teller's disclosure to implement real-time automated storage of this data. This modification would make the comparative data on Gardner's website immediately available, enhancing the social and competitive aspects of the system, which was a stated goal of Gardner. The combination was argued to be a predictable solution to make Gardner's existing social platform more interactive and timely.
    • Expectation of Success: Combining Gardner's social data platform with Teller's established real-time data transmission methods would have been straightforward for a POSITA, with a clear expectation of success in creating a more responsive and engaging system.

4. Key Claim Construction Positions

  • "Specifically Paired, Defined By At Least One Of A Wired Serial Connection And Wireless Bonding Which Enables The Computing Unit To Authenticate The Identity Of The External Computing Device..." (Claims 3, 12): Petitioner argued that, based on the patent's prosecution history, the "authentication" requirement applies only to the wireless bonding option and not to the wired serial connection option. The patent owner added this language during prosecution to distinguish over prior art, emphasizing the security of an "authenticated wireless bond (such as a Bluetooth connection)." This construction was central to Petitioner's argument that Molyneux's system would be rendered obvious by the simple, motivated addition of a standard Bluetooth link.

5. Relief Requested

  • Petitioner requested institution of an inter partes review and cancellation of claims 3-4, 6-13, and 15-27 of the ’584 patent as unpatentable.