Appeal from the United States District Court for the Southern District of California in No. 3:12-cv-01067-BEN-JLB, Judge Roger T. Benitez.
VICTOR MORRIS WIGMAN, Blank Rome LLP, Washington, DC, argued for plaintiff-appellant. Also represented by PAUL MARK HONIGBERG, BRIAN WM. HIGGINS, CHARLES R. WOLFE, JR., NICHOLAS M. NYEMAH.
NICHOLAS P. GROOMBRIDGE, Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY, argued for defendant-appellees. Also represented by JENNIFER H. WU, JENNY CHIA CHENG WU.
Before LOURIE, MOORE, and REYNA, Circuit Judges.
[113 U.S.P.Q.2d 1860] Moore, Circuit Judge.
Pacing Technologies, LLC (Pacing) appeals from the district court's grant of summary judgment that Garmin International, Inc.'s and Garmin USA, Inc.'s (collectively, Garmin) accused products do not infringe the asserted claims of Pacing's U.S. Patent No. 8,101,843. We affirm.
The '843 patent is directed to methods and systems for pacing users during activities that involve repeated motions, such as running, cycling, and swimming. '843 patent col. 1 ll. 16-22. The preferred embodiment of the '843 patent describes a method for aiding a user's pacing by providing the user with a tempo (for example, the beat of a song or flashes of light) corresponding to the user's desired pace. Id. col. 9 ll. 4-9, col. 11 ll. 7-13.
Pacing alleges that Garmin GPS fitness watches and microcomputers used by runners and bikers infringe the '843 patent. The Garmin Connect website allows users to design and transfer workouts to the Garmin devices. Workouts consist of a series of intervals to which the user can assign a duration and target pace value. The devices display the intervals of a particular workout during operation, for example, by counting down the time for which the user intends to maintain a particular pace. The devices may also display the user's actual pace, e.g., 50 to 70 spm, or steps per minute. The devices do not play music or output a beat corresponding to the user's desired or actual pace.
Claim 25 of the '843 patent, the only asserted independent claim, reads as follows (emphases added):
A repetitive motion pacing system for pacing a user comprising :
a web site adapted to allowing the user to pre-select from a set of user-selectable activity types an activity they wish to perform and entering one or more target tempo or ...