PATROLL Winning Submission

U.S. Patent 9,049,558

U.S. Patent 9,049,558 (“Big Will Enterprises” or the “patent-at-issue”) was filed on July
5, 2013 and claims an earliest priority date of August 30, 2012. Claim 1 of the patent-at-issue is
directed to a method of determining a mobile thing motion activity using sensor data associated
with a wireless communications device being transported by the mobile thing. The method
includes receiving data from the sensor indicative of the movement of the communication device
and determining a reference data which describes the orientation of the device in a coordinate
system. This is followed by normalizing a second data with the reference data to identify the
motion activity based on the normalized data.

The primary reference, EP2169517 (“Blackberry”), was filed on September 25, 2008, and
claims priority on the same date. The patent is directed to a method for analyzing movements of
handheld electronic device. The method includes tracking the movement data of the device and
mapping the movement data to a gesture string representation. Mapping against a string
representation determines if a gesture has been imparted on the device.

The secondary reference, U.S. Patent 8,416,102 (“Philips”), was filed on March 5, 2009,
and claims an earliest priority date of March 14, 2008. The patent is directed to a method of
eliminating passive movement components caused by external factors from readout data
produced by motion sensors attached to a subject during movement. The method includes
determining a rotation matrix based on gravitational components and multiplying the readout
data produced by the first motion sensor with the rotation matrix. The product is then subtracted
from the readout data produced by the second motion sensor.

The third reference, U.S. Pat. App. 2002/0008630 (“iLife”), was filed on July 19, 2001,
and claims an earliest priority date of September 15, 1999. The application is directed to a
method of evaluating and detecting movement of a body. The system includes sensors capable of
measuring accelerative phenomena of the body. It also includes a controller associated with the
sensor to determine the type of motion when the body experiences an acceleration.

Patent Owner is now on notice that claims of this patent are invalid; as a result, any new
or continued assertion of this patent may be considered meritless or brought in bad faith. Octane
Fitness, LLC v. ICON Health & Fitness, Inc., 572 U.S. 545, 554 (2014). Such considerations are
relevant to whether a case is deemed “exceptional” for purposes of awarding attorneys’ fees. 35
U.S.C. § 285; see, e.g., WPEM, LLC v. SOTI Inc., 2020 WL 555545, at *7 (E.D. Tex. Feb. 4,
2020), aff’d, 837 F. App’x 773 (Fed. Cir. 2020) (awarding fees for an exceptional case where
plaintiff “failed to conduct an invalidity and enforceability pre-filing investigation”); Energy
Heating, LLC v. Heat On-The-Fly, LLC, 15 F.4th 1378, 1383 (Fed. Cir. 2021) (affirming award
of fees where, inter alia, the plaintiff knew “that its patent was invalid”).

1
 A sample claim chart comparing claim 1 of Big Will Enterprises to Blackberry, Philips,
and iLife is provided below.
US9049558
(“Big Will Enterprises ”)
1. A method, comprising:
1.a. receiving a time value and at
least three streams of data sample
values from one or more sensors of a
wireless communication device
(WCD) that is transported by a
mobile thing (MT), each data sample
value indicative of movement of the
WCD at a corresponding time value;
A. EP2169517 (“Blackberry”)
B. US8416102 (“Philips”)
C. US20020008630 (“iLife”)
A. EP2169517
“1. A method for analyzing movements of a handheld
electronic device, comprising: . . . .” Blackberry at Claim 1
“It is, however, to be understood that electronic device 10 can
be based on construction design and functionality of other
electronic devices, such as smart telephones, desktop
computers pagers or laptops having telephony equipment.”
Blackberry at par. 0056
“For any embodiment, a low-g MEMS (micro-
electromechanical system) accelerometer may be used for
motion sensor 238. Further, the accelerometer may be of
almost any type, including a capacitive, piezoelectric,
piezoresistive, or a gas-based accelerometer. An exemplary
low-g MEM accelerometer is a LIS302DL tri-axis digital
accelerometer, available from STMicroelectronics of Geneva,
Switzerland.” Blackberry at par. 0133
“The process begins at step 302, where device 10 is operating,
which then progresses to state 304 where movements are
tracked. As movements may occur at any time, this process
may be operating as a background process in device 10.
Movement detection module 222F monitors for, tracks and
stores movement signals from one or more of motion detection
circuit 204, motion circuit 238 and trigger circuit 240. At
certain intervals (for example time, number of readings or
predefined triggering events) the movement data is
converted into a normalized format and then provided to
gesture module 222G in state 306.” Blackberry at par. 0079
B. US8416102
“7. The activity monitoring system according to claim 1,
wherein the at least a first and a second motion sensors are
integrated into the activity monitoring system and form a
hand-held device.” Philips at Claim 7
“1. An activity monitoring system adapted to eliminate passive
movement components caused by external forces from
2
(cont.) readout data produced by at least a first and a second
1. A method, comprising: motion sensor when attached to a subject during
movement, the readout data including gravitational
1.a. receiving a time value and at components, movement components caused by active
least three streams of data sample movement of the subject or subject parts, and the passive
values from one or more sensors of a movement components, the system comprising: . . . .” Philips
wireless communication device at Claim 1
(WCD) that is transported by a
mobile thing (MT), each data sample “6. The activity monitoring system according to claim 1,
value indicative of movement of the wherein the at least a first and a second motion sensors
WCD at a corresponding time value; comprise tri-axial accelerometers.” Philips at Claim 6

“The system comprises at least a first motion sensor 101 and at

least a second motion sensor 102, and a processor (P) 103 that
is coupled to the motion sensors. In this embodiment, the
system is integrated into hand-held device carried by the
user, e.g. a mobile phone, PDA, digital watch and the like,
where the motion sensors are connected to the processor
via a wired or a wireless communication link.” Philips at col.
5:36-42

“In implementations, the accelerometers could be integrated in

the clothing, e.g., in a garment. For the synchronization of their
readouts, the sensors may be real time connected or
separately running with or without timestamps. In the latter
case, the synchronization is realized with the help of data
analysis.” Philips at col. 8:23-28

C. US20020008630
“1. A system that evaluates movement of a body relative to an
environment, said system comprising:
a sensor, associable with said body, that senses accelerative
phenomena of said body relative to a three dimensional
frame of reference in said environment, said sensor
comprising a plurality of acceleration measuring devices;
and . . . .” iLife at Claim 1

“5. The system set forth in claim 4 comprising a controller

containing said processor, said controller capable of receiving
from said two plural axis accelerometers values of
acceleration of body motion measured in an x direction, in a y
direction, and in a Z direction.” iLife at Claim 5

“Controller 940 uses the x, y, z acceleration values to calculate

values for the x, y, z distances. This calculation is done by first
calculating a time integral of the x, y, z acceleration values

3
(cont.)
1. A method, comprising:
1.a. receiving a time value and at
least three streams of data sample
values from one or more sensors of a
wireless communication device
(WCD) that is transported by a
mobile thing (MT), each data sample
value indicative of movement of the
WCD at a corresponding time value;
1.b. recognizing a particular set of
data sample values as a reference for
defining an orientation of the WCD
in a coordinate system;
to obtain x, y, z velocity values. Then a time integral of the
x, y, z velocity values is calculated to obtain the x, y, z
distance values.” iLife at par. 0102
“3. The system set forth in claim 1 wherein said plurality of
acceleration measuring devices comprises three
accelerometers in which each accelerometer is aligned along
one axis of a three dimensional coordinate system.” iLife at
Claim 3
“14. The system set forth in claim 11 wherein said body is a
person and wherein said controller sends signals
representing physiological data of said person together
with said alarm signal.” iLife at Claim 14
“15. The system set forth in claim 14 wherein said alarm
signal and said signals representing physiological data of
said person are communicated via a network to a
monitoring controller.” iLife at Claim 15
“16. The system set forth in claim 15 wherein said network is
a wireless network.” iLife at Claim 16
A. EP2169517
“When enumeration symbols are fixed on semi-circle 612, and
semi-circle 612 is fixed to the coordinates of device 10, then
a quantization scheme for movements can be extended to
include orientation changes of the device relative to the
Earth.” Blackberry at par. 0090
“First, a three-dimensional space is defined around device
10 on which the surface of the space is marked with a
coordinate system. The coordinate system provides a locus
of points from the origin for the device.” Blackberry at par.
0093
“To provide consistent cataloguing of movements for device
10, certain coordinate references should be fixed relative to
device 10, including having a reference map, such as semi-
circle 612 cartographically fixed to device 10 and having
enumeration symbols fixed to predetermined locations on the
reference map. Using an exemplary fixed coordinate system,
an embodiment can track and map "proper" accelerations, as in
Figs. 6A to 6C, via the total acceleration vector (sum of proper
and gravitational) by selecting different enumeration symbols
as device 10 "properly" accelerates and/or decelerates without
4
(cont.)
1.b. recognizing a particular set of
data sample values as a reference for
defining an orientation of the WCD
in a coordinate system;
orientation change.” Blackberry at par. 0088
B. US8416102
“1. An activity monitoring system adapted to eliminate passive
movement components caused by external forces from
readout data produced by at least a first and a second
motion sensor when attached to a subject during
movement, the readout data including gravitational
components, movement components caused by active
movement of the subject or subject parts, and the passive
movement components, the system comprising: . . .
determine a rotation matrix based on the first and second
estimated gravitational components, the rotation matrix
denoting rotation required for the first motion sensor to get
aligned with the second motion sensor in orientation, . . . .”
Philips at Claim 1
“In one embodiment, the motion sensors are attached to the
subject at respective positions such that the orientation of
the motion sensors coordinate system changes differently
when the subject experiences a motion.” Philips at col. 3:24-
27
C. US20020008630
“In one arrangement of this advantageous embodiment of the
present invention, accelerometer 910 is aligned parallel to
the x-axis of a three dimensional Cartesian coordinated
system and is capable of measuring accelerations in the x
direction. Accelerometer 920 is aligned parallel to the y-
axis and is capable of measuring accelerations in the y
direction. Accelerometer 930 is aligned parallel to the z-
axis and is capable of measuring acceleration in the z
direction.” iLife at par. 0081
“Controller 940 is capable of simultaneously determining the
values of acceleration measured by each of accelerometers
910, 920 and 930. In this manner, controller 940 can
determine the values of acceleration in x, y and z
directions. Processor 47 in controller 940 is capable of
adding the values of acceleration in the x, y and z directions
to obtain a vector sum (i.e., magnitude and direction) of the
body (not shown) to which accelerometers 910, 920 and 930
are attached. It is noted that although embodiment 900 has
been described for use with a three dimensional Cartesian
coordinate system, other three dimensional coordinate systems
may also be used.” iLife at par. 0082
5
1.c. computing reference data based
upon the recognition of the
particular set, the reference data
defining a relationship between each
set of subsequent non-reference data
sample values and the particular
reference set of data sample values
in the coordinate system;
A. EP2169517
“10. The method as claimed in any one of the preceding
claims, wherein said analyzing said string representation
comprises:
constructing a matrix of data containing said string
representation and said gesture string; and
calculating a matching score for said string representation
against said gesture string by traversing a subset of said
matrix to generate matching scores for values in said string
representation against said gesture string.” Blackberry at
Claim 10
B. US8416102
“1. An activity monitoring system adapted to eliminate passive
movement components caused by external forces from readout
data produced by at least a first and a second motion sensor
when attached to a subject during movement, the readout data
including gravitational components, movement components
caused by active movement of the subject or subject parts, and
the passive movement components, the system comprising:
....
determine a rotation matrix based on the first and second
estimated gravitational components, the rotation matrix
denoting rotation required for the first motion sensor to get
aligned with the second motion sensor in orientation, . . . .”
Philips at Claim 1
C. US20020008630
“The steps of the first portion of the method are collectively
referred to with the reference numeral 1300. At the start of the
method, accelerometer 910 and accelerometer 920 measure
the x, y, z values of acceleration (step 1310). Controller 940
then calculates the x, y, z distance values (step 1320).
Controller 940 then converts the x, y, z distance values to
spherical polar (SP) coordinates (step 1330).” iLife at par.
0116
“Processor 117 (or controller 940 in an alternative
embodiment) compares a measured set of SP coordinates
with each of the plurality of prerecorded sets of SP
coordinates that represents a type of motion (step 1340).
Processor 117 (or controller 940 in an alternative
embodiment) identifies a match between the measured set of
SP coordinates and one particular prerecorded set of SP
coordinates that represents a type of motion (step 1350).
Processor 117 (or controller 940 in an alternative embodiment)
6

1.d. calculating movement data in
the coordinate system of one or more
other non-reference data sample
values based upon the reference
data; and
then sends a message that a match has been found (step
1360).” iLife at par. 0117
A. EP2169517
“Gesture analysis module 222G receives movement data, as
provided and processed by movement detection module
222F and then analyzes the movement data against
representations of stored gestures. If a match is provided,
then the gesture analysis module can activate a signal or
process to execute a command associated with the recognized
gesture.” Blackberry at par. 0069
“Movement detection module 222F monitors for, tracks and
stores movement signals from one or more of motion detection
circuit 204, motion circuit 238 and trigger circuit 240. At
certain intervals (for example time, number of readings or
predefined triggering events) the movement data is
converted into a normalized format and then provided to
gesture module 222G in state 306. Next at state 308, the
frame of data is received and analyzed against
representations of predetermined gestures.” Blackberry at
par. 0079
“13. The method as claimed in claim 6 or claim 7, wherein said
calculating said matching score utilizes said string
representation and said earlier movement data collectively
to determine if said gesture string straddles said string
representation and said earlier movement data.” Blackberry
at Claim 13
B. US8416102
“1. An activity monitoring system adapted to eliminate passive
movement components caused by external forces from readout
data produced by at least a first and a second motion sensor
when attached to a subject during movement, the readout data
including gravitational components, movement components
caused by active movement of the subject or subject parts, and
the passive movement components, the system comprising:
....
multiply the readout data produced by the first motion
sensor with the rotation matrix when rotating the first
motion sensor towards the second motion sensor to
produce a multiplied result, and . . . .” Philips at Claim 1
7
(cont.)
1.d. calculating movement data in
the coordinate system of one or more
other non-reference data sample
values based upon the reference
data; and
1.e. determining a mobile thing
motion activity (MTMA) associated
with the MT based upon the
movement data.
C. US20020008630
“7. The system set forth in claim 6 wherein said controller is
capable of using said x, y, z distance components of body
motion to calculate equivalent spherical polar coordinate
components of body motion.” iLife at Claim 7
“8. The system set forth in claim 7 wherein said controller is
capable of comparing a set of spherical polar coordinate
components that represents a measurement of said body
motion to each of a plurality of prerecorded sets of
spherical polar coordinate components in which each set of
said plurality of sets of spherical polar coordinate
components represents a type of motion.” iLife at Claim 8
A. EP2169517
“Once the command is completed, device 10 returns to state
304 to track more movements. If there is no match of a
movement against a gesture, then device returns to state
304.” Blackberry at par. 0079
“As part of the movement data analysis, an embodiment use a
coordinate model for tracking and mapping movements of
device 10.” Blackberry at par. 0080
B. US8416102
“FIG. 4 depicts graphically orientations of sensor coordinate
systems 401, 402 in different situations, where FIG. 4 a shows
the orientation of the sensor during standing posture, FIG.
4 b shows the orientation of the sensor during sitting
posture, and FIG. 4 c shows the orientation of the sensor
during running.” Philips at col. 9:8-13
“2. The activity monitoring system according to claim 1, where
the at least a first and a second motion sensors are attached to
the subject at respective positions such that an orientation of a
coordinate system of the at least a first and a second
motion sensors changes differently when the subject
experiences a motion.” Philips at Claim 2
C. US20020008630
“9. The system set forth in claim 8 wherein one of said
plurality of prerecorded sets of spherical polar coordinate
components represents one of: no motion, a successful
attempt to change position, an unsuccessful attempt to
change position, a motion of body moving with a gait, a
motion of a body moving with a gait associated with a
8
(cont.)
1.e. determining a mobile thing
motion activity (MTMA) associated
with the MT based upon the
movement data.
disability, a swaying motion, a near fall, and a fall.” iLife at
Claim 9
“10. The system set forth in claim 8 wherein said controller is
capable of identifying a match between said set of spherical
polar coordinate components that represents a
measurement of said body motion with one of a plurality of
said prerecorded sets of spherical polar coordinate
components to identify a type of motion that corresponds
to said body motion.” iLife at Claim 10