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Paul, Weiss Achieves Summary Judgment Victory for Garmin

Paul, Weiss secured summary judgment of noninfringement in the Southern District of California for Garmin, the world's leading manufacturer of GPS products.
 
Pacing Technologies LLC, the maker of an app that lets users download songs with a tempo matched to their desired running pace, accused Garmin's popular GPS fitness watches of patent infringement. Similar to its smart phone app, Pacing's asserted patent covers a system with a website for entering a target tempo and a "playback device" that is capable of playing back music or other output at that tempo. By matching his or her steps to that tempo, the user can then achieve a desired pace. Pacing argued that the accused Garmin GPS fitness watches infringe on its patent because they display the steps of a workout that a user has entered on a website and downloaded to the watch. Garmin moved for summary judgment of noninfringement on the basis that a device that merely displays information is not the same as a "playback device" within the meaning of the patent. The court agreed, holding in its ten-page opinion that the claimed "playback device" must play back the tempo that the user entered. Because Garmin's GPS fitness watches do not play or generate a beat of any kind, the court entered judgment in Garmin's favor.

The Paul, Weiss team included litigation partner Nicholas Groombridge.

March 3, 2014

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