IP Law Daily, PATENT—E.D. Mich.: Claims relating to devices for tracking exercise were invalid as directed to an abstract idea, (Apr 4, 2025)

By Kevin M. Finson, J.D.

A claimed system for tracking and communicating data about exercise such as instantaneous speed, hand or leg lift heights, and distance per stroke in swimming was unpatentable for being directed at an abstract idea because it used conventional technology to simply measure and communicate data.

A patent owner’s asserted patent claims relating to measuring movement during exercise, as in by a smartwatch, were invalid as directed to an abstract idea, the U.S. District Court in Detroit has held. The claimed system tracked and communicated data about exercise such as instantaneous speed, hand or leg lift heights, and distance per stroke in swimming The claims simply used conventional measuring equipment in conventional ways to gather, process, and communicate information (Cardiacsense Ltd. v. Garmin International, Inc., No. 2:24-cv-11368-TGB-KGA (E.D. Mich. Mar. 31, 2025)).

Cardiacsense, Ltd. (Cardiacsense) was the owner of U.S. Patent No. 7,980,998 (the ’998 patent), which claimed a personal device for measuring physical training activity using sensing units and processors to communicate data to the user. Cardiacsense brought suit for infringement against Garmin International, Inc. (Garmin), alleging that Garmin’s “smart watch” products infringed the ’998 patent. Garmin moved to dismiss, arguing that the asserted claims were invalid for being directed at an abstract idea. The court applied the two-step Alice test.

Abstract idea. Garmin argued that the ‘998 patent was directed to the abstract idea of measuring movement using generic methods, and did not advance the technology for measuring movement. Cardiacsense argued that the patent claimed a specific, improved form of measuring movement.

Reviewing each of the asserted claims individually and comparing them to Federal Circuit decisions explaining the abstract idea analysis, the court found that the claimed invention simply used conventional, well-understood technology in conventional ways to gather and process information, which was an abstract idea under step one of the Alice test.

Inventive concept. Cardiacsense argued that even if the ’998 patent was directed to an abstract idea it should survive step two of the Alice test because it used the gathered data in a new and unconventional way by making things such as instantaneous speed, hand or leg lift heights, and distance per stroke in swimming available in real-time to instructors and trainees.

The court, however, found that providing of such information was an abstract idea, and doing so using conventional devices and techniques did not rise to the level of an inventive concept.

The court granted the motion to dismiss and allowed leave to amend.

The Case is No. 2:24-cv-11368-TGB-KGA.

Judge: Berg, T.

Attorneys: Joseph J. Zito (DNL Zito Castellano) for Cardiacsense Ltd. Rachael D. Lamkin (Baker Botts LLP) for Garmin International, Inc.

Companies: Cardiacsense Ltd; Garmin International, Inc.

Cases: Patent TechnologyInternet MichiganNews