Contour IP Holding, LLC v. GoPro, Inc.
Opinion
Trial Court Opinion
BACKGROUND
27 necessary to understand the resolution of this issue. Contour originally filed this suit in 2017. Dkt. No. 1. It filed a second case in 2021 that asserted the same claims of the same patents against more recent GoPro products. See 2143 Dkt. No. 1 (“Compl.”). I consolidated the cases. Dkt. No. 532. The patents-in-suit concern point-of- view digital video cameras. Contour asserts Claim 11 of U.S. Patent No. 8,890,954 (“the ’954 Patent”) and Claim 3 of U.S. Patent No. 8,896,694 (“the ’694 Patent”). See Compl. ¶¶ 78–123. Claim 11 of the ‘954 patent, which the parties treat as representative, is as follows:
11. A portable, point of view digital video camera, comprising:
a lens;
an image sensor configured to capture light propagating through the lens and representing a scene, and produce real time video image data of the scene; 11 a wireless connection protocol device configured to send real time image content by wireless transmission directly to and receive control signals or data signals by wireless transmission directly from a personal portable computing device…