Icon Health & Fitness v. Polar Electro Oy.

Icon Health & Fitness v. Polar Electro Oy., 11-cv-00167 (Jenkins, J.) (D. Utah Mar. 10, 2017)


  • 6,701,271 | Entitled, “Method and apparatus for using physical characteristic data collected from two or more subjects”


The court granted defendant’s motion for judgment on the pleading on the ground that patent was directed to an abstract idea. 

Abstract Idea:


Something More:



Method of using computer code for using physical characteristic information from subjects for an evaluation or course of action, such as retrieving one’s heart rate or blood pressure.


The court determined that the asserted claims recited the abstract idea of providing and using feedback based on data gathered from subjects. It noted that such aggregation and use of information has long existed, and the patent does not disclose any unique sensor or require any special hardware or programming. The court rejected plaintiff’s reliance on Enfish because plaintiff failed to show how its patent taught an improvement in how a computer functions. The court then found no inventive concept in the ordered combination of the claim limitations.