Asserted Claims of Two of Three Challenged Fitbit Patents Invalid Under 35 U.S.C. § 101​

The court granted defendant's motion for judgment on the pleadings because the asserted claims of plaintiff’s physical activity detection patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "[Plaintiff] argues that Defendants’ conception of the asserted claims is too high-level, and overlooks the fact that they claim a specific structure (e.g., a wearable band with a motion detection component and LEDs) that provides this technological improvement. The Court agrees with Defendants that claim 20 is directed to an abstract idea. . . . [T]he wearable band with a motion detection component and LEDs 'merely provide a generic environment in which to carry out the [] idea of [collecting and reporting data on cumulative physical activity].' This adds little to the substance of the claim. Instead, the focus remains on the collecting and reporting functions themselves. So characterized, the 'character as a whole' of claim 20 is an abstract idea."

Fitbit Inc. v. AliphCom et al., 5-16-cv-00118 (CAND March 2, 2017, Order) (Freeman, USDJ)

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The court granted defendant's motion for judgment on the pleadings because the asserted claims of plaintiff’s physical activity monitoring notification patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea. "[Plaintiff] responds that the asserted claims are not drawn to an abstract idea because they recite a specific improvement in portable activity monitoring devices: a notification solution that ensures that a user will receive the notification at the time he will be able to view and comprehend it. . . . Assessing their 'character as a whole,' these claims are directed to collecting and analyzing information to detect a particular condition, and notifying a user at a particular time when that condition is detected. They are not directed to anything more technically specific -- the claims do not focus on (or even recite) specific algorithms or give technical details about structures that must be used to perform the claimed functions. Instead, they focus on the high-level functions of collecting, analyzing, and notifying themselves. This focus is an abstract idea."

Fitbit Inc. v. AliphCom et al., 5-16-cv-00118 (CAND March 2, 2017, Order) (Freeman, USDJ)

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The court denied defendant's motion for judgment on the pleadings that the asserted claims of plaintiff’s biometric monitoring device patent encompassed unpatentable subject matter because the claims were not directed toward an abstract idea. "Evaluating the claims in light of the specification for their 'character as a whole,' the Court finds that the asserted claims are directed to a particular variant of heart rate data collection: selective heart rate data collection through minimized user interaction. . . . [T]hese restrictions comprise a substantial portion of the collective substance of the claims and color their character as a whole. . . . By automating the point at which data collection stops and combining that with a single-gesture trigger, the [patent] claims focus on an improvement to heart rate monitors as a technological tool, which overcomes the problem of bulky user interfaces and provides a way to more easily and efficiently gather a selective heart rate reading."

Fitbit Inc. v. AliphCom et al., 5-16-cv-00118 (CAND March 2, 2017, Order) (Freeman, USDJ)