Fitbit, Inc. v. AliphCom

233 F. Supp. 3d 799, 2017 WL 528491, 2017 U.S. Dist. LEXIS 18796
CourtDistrict Court, N.D. California
DecidedFebruary 9, 2017
DocketCase No. 15-cv-04073-EJD
StatusPublished
Cited by3 cases

This text of 233 F. Supp. 3d 799 (Fitbit, Inc. v. AliphCom) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fitbit, Inc. v. AliphCom, 233 F. Supp. 3d 799, 2017 WL 528491, 2017 U.S. Dist. LEXIS 18796 (N.D. Cal. 2017).

Opinion

ORDER DENYING DEFENDANTS’ MOTION FOR JUDGMENT ON THE PLEADINGS

EDWARD J. DAVILA, United States District Judge

Presently before the Court is Defendants AliphCom d/b/a Jawbone and Bo-dymedia, Inc.’s (collectively “Defendants” or “Jawbone”) motion for judgment on the pleadings that U.S. Patent Nos. 9,026,053 (the “’053 patent”), 9,106,307 (the “’307 patent”), and 9,048,923 (the “’923 patent”) (collectively, the “patents-in-suit”) are invalid for failure to claim patent-eligible subject matter under 35 U.S.C. § 101. Dkt. No. 88. For the reasons discussed below, the Court DENIES Jawbone’s motion.

I. BACKGROUND

The parties are health and fitness companies that both sell wearable activity trackers. In general, wearable activity trackers are small, lightweight devices that track a user’s activities throughout the day, such as how many steps the user takes, how long the user sleeps, and how many calories the user has burned. The devices can then be connected to a user’s computer or smartphone, where they upload the data they collect. The user can then view this data through an application or website, and analyze it for trends, set or track progress on fitness goals, and share their activities with friends through social networking.

In order for data to be seamlessly transmitted between the device and the smart-phone, the devices are often “paired” to the user’s smartphone or computer before first use. Pairing sets up a unique system of contact between the device and the smartphone or computer such that the two can automatically synchronize data whenever they are connected, without requiring intervention from the user. For example, a Bluetooth-enabled device that is paired to a Bluetooth-enabled smartphone will automatically upload data whenever it comes within range of the smartphone.

Fitbit’s asserted patents relate to a specific approach to pairing a wireless device, such as' a wearable activity tracker, to a “client” and/or “server.” All three patents are entitled “System and Method for Wireless Device Pairing” and share the same specification. The ’053 patent was filed first, on February 17, 2013, and the ’923 and ’307 patents were filed as divisional applications on December 24, 2013 and March 27, 2014, respectively. The ’053 patent issued on May 5, 2015, the ’923 patent [802]*802issued on June 2, 2015, and the ’307 patent issued on August 11,2015.

All of the asserted claims recite a method or system for pairing that involves three discrete entities: a portable monitoring device, a “client,” and a “server.” ’053 patent, col. 141. 63-col. 161. 4; ’923 patent, col. 15 11. 2-49; ’307 patent, col. 15 11. 2-47, col. 17 1. 30-col. 18 1. 16. Figure 1 illustrates the interaction between these three actors:

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Figures 13 and 14 illustrate the pairing process:'

[803]*803[[Image here]]

This process begins when a user enters account login information (e.g., creates an account or logs into an existing account) in the client, ’053 patent, col. 9 1. 65-col. 10 1. 54, figs. 13, 14. Next, the client sends a signal to the server to indicate that the pairing process has been triggered, and the server sends back a user interface or [804]*804user data for use in the pairing process. Id. The client then wirelessly detects nearby monitoring device(s), requests response(s) from these device(s), and then sends those response(s) to the server. Id. The server then sends back the list of responsive device(s) that are eligible for pairing (because, for example, they are not already paired with another user account, they are compatible with the user’s account, etc.). Id. The client then sends the eligible device(s) a request to pair. Id. These device(s) then cue the user, who “taps” the particular device they wish to pair. Id. The “tapped” device identifies itself to the client, and the client and server complete the pairing process. Id.

The asserted independent claims generally follow this process. For example, claim 1 of the ’053 patent recites:

1. A wireless communication method comprising:
a first portable biometric device and a second device communicating wirelessly to initiate a pairing process between the first portable biometric device and the second device, wherein the first portable biometric device comprises, at least one sensor, and wireless communication circuitry in a unit suitable to be worn by a moving human device user, wherein initiating the pairing process comprises, the second device receiving user login information to log the user into a user account;
the second device sending a signal to a server that indicates the start of the pairing process;
the server sending a user interface for pairing to the second device;
the second device wirelessly detecting the first biometric device, and requesting a response from the first biometric device;
the second device receiving a response from the first biometric device, including a device identification;
in response to the second device forwarding the received response to the server, the server sending a list of detected devices eligible for pairing to the second device; and
when the first biometric device is on the list of detected devices, the second device sending a command to the first biometric device to enter pairing mode; the first portable biometric device generating a cue to the first portable biometric device user requesting the first portable biometric device user to validate the pairing between the first portable biometric device and the second device;
the first portable biometric device receiving input from the user indicating the user’s agreement to validate the pairing request, wherein input comprises tapping only the first portable biometric device one or more times anywhere on its exterior;
the first portable biometric device detecting the tapping using a motion sensor;
the first portable biometric device responding to the user input by remotely signaling the second device to complete the pairing process;
the second device and the first portable biometric device remotely communicating to complete the pairing process, wherein the first portable biometric device and a second device are remote from each other throughout the pairing process, after which the first portable biometric device and the second device are able to recognize each other; and the first portable biometric device and the second device automatically communicating to wirelessly exchange data subsequent to pairing when the first portable biometric device and the second device are within wireless communication range;
[805]*805wherein data comprises sensor data collected and stored by the first portable biometric device

’053 patent, col. 141. 63-col. 161. 6.

II. LEGAL STANDARDS

A. Motion for Judgment on the Pleadings

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233 F. Supp. 3d 799, 2017 WL 528491, 2017 U.S. Dist. LEXIS 18796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fitbit-inc-v-aliphcom-cand-2017.