Pacing Techs., LLC v. Garmin Int'l, Inc., No. 14-1396 (Fed. Cir. 2015)Annotate this Case
Pacing’s 843 patent is directed to methods and systems for pacing users during activities that involve repeated motions, such as running, cycling, and swimming. The preferred embodiment of the patent describes a method for aiding a user’s pacing by providing a tempo (for example, the beat of a song or flashes of light) corresponding to the user’s desired pace. Pacing alleged that Garmin GPS fitness watches and microcomputers used by runners and bikers infringed the 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, for example, by counting down the time for which the user intends to maintain a particular pace. The devices may also display actual pace, e.g., 50 to 70 steps per minute. The devices do not play music or output a beat. The Federal Circuit affirmed entry of summary judgment of noninfringement in favor of Garmin. Merely displaying the rate of a user’s pace—for example, “100 steps per minute”—does not produce a sensible tempo; Garmin’s devices are not repetitive motion pacing devices.