Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 1 of 39 PageID #: 1

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASMARSHALL DIVISIONŌURA HEALTH OY and OURARING INC.
Plaintiffs,v.
ULTRAHUMAN HEALTHCARE PVT. LTD.
and ULTRAHUMAN HEALTHCARE LTD.

2:23-cv-396
CASE NO. ______________JURY TRIAL DEMANDED

Defendants.
ORIGINAL COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT
Plaintiffs Ōura Health Oy and Ouraring Inc. (collectively, “Oura” or “Plaintiffs”), by andthrough their undersigned counsel, bring this complaint for patent and copyright infringement
against Defendants Ultrahuman Healthcare Pvt. Ltd. and Ultrahuman Healthcare Ltd.
(collectively, “Ultrahuman” or “Defendants”).
NATURE OF THE ACTION
1.

In a bold and deliberate effort to replicate the Oura Ring, Ultrahuman has chosen

to willfully infringe a number of Oura patents and copyrights. Ultrahuman has done so by blatantly
copying Oura’s technology, rather than innovating and developing its own products or features.
Ultrahuman’s efforts to copy Oura do not stop at infringement, but have extended to hiring former
Oura employees, soliciting current Oura engineers, and potentially benefiting from some of its
primary investors gaining access to Oura’s proprietary and confidential information prior to launchof the Ultrahuman Ring. Ultrahuman has also committed multiple instances of copyright
infringement by willfully infringing Oura’s copyrighted social media content and user interface
designs used in the Oura App. These copying efforts have resulted in an imitation product that is
intended to share the design, structure, and functionalities of Oura Ring and the Oura userCase 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 2 of 39 PageID #: 2

experience.
2.

Oura therefore brings this action against Ultrahuman for infringement of U.S.

Patent Nos. 10,893,833 (“’833 patent”) and 10,842,429 (“’429 patent”) (collectively, “Asserted
Patents”) pursuant to the patent laws of the United States, 35 U.S.C. § 1 et seq., and for copyright
infringement pursuant to 17 U.S.C. § 101 et seq.
BACKGROUNDA.

Oura is a pioneer in smart ring wearables.

3.

Founded in 2013, Oura has been a pioneer in developing a smart ring that allows

users to take control of their health. Oura Ring was a culmination of extensive research anddevelopment that ignored the conventional focus of counting daily steps as an artificial gauge ofuser’s fitness. Instead, Oura set out to develop a product that accurately provides personalized
insight into user’s fitness and health by monitoring heart rate, temperature variations, blood oxygen
levels, and movement during both sleep and active periods.
4.

Oura also designed this product in an innovative and user-friendly form factor—

i.e., a ring—that had not been attempted previously due to constraints that limited the electronics
such as biometric sensors, accelerometers, battery, wireless transceivers, memory, and processorsthat could all be included in a small and unique unobtrusive design and would withstand daily
wear and tear:

Oura Ring
2

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 3 of 39 PageID #: 3

5.

Unlike wrist wearables, Oura Ring is designed to measure signals directly from thearteries in the finger, rather than the surface capillaries in the wrist, to capture a more accurate
signal. The Oura Ring design also leverages optical sensors at multiple locations around thecircumference of the finger in order to prioritize the clearest signal capture compared to wrist
wearables.
6.

Oura Ring has been embraced by over 1 million users, and was also featured in

TIME magazine as one of the best inventions of 2020. https://time.com/collection/best-inventions2020/5911381/oura-ring/. Oura Ring was also selected by the National Basketball Association(NBA), the Ultimate Fighting Championship (UFC), and several other organizations to equip theirathletes

with

the

most

accurateandcrediblehealthtechnology.

See

e.g.,

https://www.ufc.com/news/oura-official-health-wearable-ufc-performance-institute.
B.

Ultrahuman’s copying of Oura Ring.

7.

Ultrahuman was founded in India in 2019. In 2021, Ultrahuman launched its

original application (“Ultrahuman App”) at the Consumer Electronics Show. The Ultrahuman App
originally focused on a series of home workouts, meditations, soundscapes, music, and bedtime
stories. The Ultrahuman App was integrated with the Apple® Watch for biofeedback to measureand improve the efficacy of meditation and workouts.
8.

In July 2022, Ultrahuman launched a smart ring (“Ultrahuman Ring”) to track

sleep, movement, and recovery on the Ultrahuman App (collectively, Ultrahuman Ring andUltrahuman App are the “Accused Instrumentalities”):

3Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 4 of 39 PageID #: 4

Ultrahuman Ring
9.

The Ultrahuman Ring is intended to be an imitation of Oura Ring in its appearance,

structure, and functionalities. And the similarities are not a mere coincidence. While Ultrahumanpresents as an innovative start up, upon information and belief, Ultrahuman is funded in part by asovereign wealth fund, supported by an investor who gained access to confidential and proprietary
information on the Oura Ring in or around December of 2021. Moreover, Ultrahuman has hired
and solicited a number of Oura’s employees and engineers to assist with development of the
Accused Instrumentalities.
10.

By way of Ultrahuman’s copying, Ultrahuman has launched a product that is

intended to be an imitation of Oura Ring. For example, the Ultrahuman Ring includes the same
sensors as those offered by Oura Ring, such as an infrared photoplethysmography (PPG) sensor,
skin temperature sensor, optical electronics, and a 3D accelerometer. 1 Further, the battery
components within the Ultrahuman Ring are also the same as those found in the Oura Ring
because, on information and belief, Ultrahuman sought out the same battery supplier already usedby Oura. The selected material for Ultrahuman Ring is also the same as Oura Ring: durable
titanium with a non-allergenic, non-metallic inner molding, resulting in the Ultrahuman Ring
having an identical look and feel to the Oura Ring.

1

Compare https://ouraring.com/product/rings with https://www.ultrahuman.com/ring/buy/us/.
4Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 5 of 39 PageID #: 5

11.

A cumulative result is a product attempting to mimic Oura Ring:
Ultrahuman
Accused Instrumentalities

Oura Ring

12.

Even the design of the chargers is nearly identical between Oura and Ultrahuman:
Ultrahuman
Accused Instrumentalities

Oura Ring

13.

Ultrahuman has also resorted to copying Oura’s copyrighted social media content(the Oura Copyrighted Landscape Design and the Oura Copyrighted 3D Ring Image) and Oura’s
user interface design from Oura App:

5

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 6 of 39 PageID #: 6

Oura
Copyrighted Landscape Design

UltrahumanInfringing Landscape Design

Published: Dec. 29, 2022
https://www.instagram.com/p/CmwYMOLueU
7/?img_index=1

Published: June 23, 2023
https://www.instagram.com/p/Ct0z1rGI7kq/?i
mg_index=1

Oura Coyrighted 3D Ring Image

Ultrahuman Infringing 3D Ring Image

Published: June 26, 2023
https://www.instagram.com/p/Ct8cVWtI4mN/?img_index=1

Published: Feb. 15, 2018https://www.instagram.com/p/BfOop6Yl21t/

6

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 7 of 39 PageID #: 7

Oura App (With User Interface of
Copyrighted Imagery, Text, and Graphics)

Ultrahuman
Accused Instrumentalities

7

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 8 of 39 PageID #: 88

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 9 of 39 PageID #: 99Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 10 of 39 PageID #: 10

14.

The Accused Instrumentalities, which amount to nothing more than an imitation

product, are now offered for sale to customers in the United States:

https://www.Ultrahuman.com/ (annotated) (Last visited: Aug. 18, 2023).

10

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 11 of 39 PageID #: 1115.

Ultrahuman Ring is also offered for sale and sold through third parties such as

Amazon.com to customers throughout the United States, including to customers in this District: 2

THE PARTIES
16.

Ōura Health Oy is a Finnish company with its principal place of business at

Elektroniikkatie 10, 90590, Oulu, Finland.
17.

Ouraring Inc. is a Delaware corporation with its principal place of business at 415

Mission Street, 37th Floor, San Francisco, California 94105.
18.

On information and belief, Defendant Ultrahuman Healthcare Pvt. Ltd. is an Indian

Non-Government Company incorporated in India with its principal place of business located at
No. 4088/799, Third Floor, V K Paradise Sector-2, HSR Layout, Bengaluru, Karnataka 560102,
India.
19.

On information and belief, Defendant Ultrahuman Healthcare Ltd. is a wholly

owned subsidiary of Ultrahuman Healthcare Pvt. Ltd., and is incorporated under the laws of thehttps://www.amazon.com/Ultrahuman-Ring-AIR-Sleep-TrackingTemperature/dp/B0CB8WZRSB?ref_=v_sp_product_dpx (Visited: Aug. 23, 2023)

2

11

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 12 of 39 PageID #: 12

United Kingdom. Ultrahuman Healthcare Ltd. maintains its principal place of business at 5 New
Street Square, London, United Kingdom.
20.

On information and belief, Defendants are part of the same corporate structure anddistribution chain with respect to the manufacture, use, offer for sale, and/or sale of the Accused
Instrumentalities and with respect to the importation of those Accused Instrumentalities into theUnited States.
JURISDICTION AND VENUE
21.

This Court has original subject matter jurisdiction over Plaintiffs’ patent and copyright

infringement claims pursuant to 28 U.S.C. §§ 1331 and 1338(a) because the patent claims arise under
the patent laws of the United States of America, Title 35 of the United States Code, 35 U.S.C. §101
et seq. and the copyright infringement claim arises under Title 17 of the United States Code, 17 U.S.C.
§101 et seq.
22.

This Court has personal jurisdiction over Defendants consistent with therequirements of the Due Process Clause of the United States Constitution and the Texas Long Arm
Statute at least because, among other reasons, Defendants have committed acts within this Districtgiving rise to this action. On information and belief, Defendants have purposefully manufactured
and/or distributed the Accused Instrumentalities that infringe Oura patents through establisheddistribution channels with the expectation that those products would be sold in the United States,
the State of Texas, and in this District. Defendants have committed and continue to commit actsof patent infringement in the United States, the State of Texas and this District by, among otherthings, importing, offering to sell, and/or selling products that infringe the Asserted Patents. On
information and belief, a substantial part of the events giving rise to Plaintiffs’ claims, including
acts of patent and copyright infringement, have occurred in the State of Texas and this Judicial
District. Accordingly, Defendants have established minimum contacts within Texas and12Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 13 of 39 PageID #: 13

purposefully availed themselves of the benefits of the State of Texas, and the exercise of personal
jurisdiction over Defendants would not offend traditional notions of fair play and substantial
justice.
23.

For example, Defendants import, sell, and offer to sell the Accused

Instrumentalities

throughwebsites

including

Ultrahuman.com,

Amazon.com,

andKickstarter.com, each of which may be accessed throughout the United States, the State of Texas,
and this District.
24.

Venue over Defendants is proper in this district under 28 U.S.C. §§ 1391(c)(3) and1400(b) because, on information and belief, Defendants are foreign entities, as identified above inparagraphs 18 and 19. 28 U.S.C. § 1391(c); In re HTC Corp., 889 F.3d 1349, 1357 (Fed. Cir. 2018)(holding that “[t]he Court’s recent decision in TC Heartland does not alter” the alien-venue rule).
COUNT I
(Infringement of Plaintiffs’ ’833 Patent)
25.

Plaintiffs reallege and incorporate by reference the allegations of all preceding

paragraphs of this Complaint, as if fully set forth herein.
26.

Plaintiff Ōura Health Oy is the owner by assignment of the ’833 patent, entitled“Wearable Electronic Device and Method for Manufacturing Thereof.” The ’833 patent was duly
and legally issued by the United States Patent and Trademark Office on January 19, 2021. A trueand correct copy of the ’833 patent is attached to this Complaint as Exhibit A.
27.

In violation of 35 U.S.C. § 271(a), Ultrahuman has and continues to directly,

indirectly, or under the doctrine of equivalents, infringe one or more claims of the ’833 patent bymaking, using, offering for sale, selling, or importing devices and software that practice the ’833
patent, including but not limited to the Accused Instrumentalities.
28.

In violation of 35 U.S.C. § 271(b) and (c), Ultrahuman has and continues to13

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 14 of 39 PageID #: 14

willfully induce others to infringe and/or contribute to infringing the ’833 patent by wearing andusing the Accused Instrumentalities. Ultrahuman also offers to sell or sells within the United Satesor imports into the United States a component of a patented machine, manufacture, combinationor composition, or a material or apparatus for use, constituting a material part of the invention,
knowing the same to be especially made or especially adapted for use in an infringement of suchpatent, and not a staple article or commodity of commerce suitable for substantial noninfringing
use.
29.

The Accused Instrumentalities infringe at least independent claim 1 of the ’833

patent. Claim 1 of the ’833 patent recites:
1. A wearable electronic device comprising:a body part made of a non-ceramic material, having an innersurface and an outer surface, wherein at least one cavity is formedon the inner surface of the body part, the at least one cavity
extending from the inner surface of the body part towards the outersurface of the body part and having a depth arranged within the innersurface of the body part,an electronic part arranged in said at least one cavity, whichelectronic part has a thickness that is less than the depth of the atleast one cavity, anda coating made of a moldable filler material on the innersurface of the body part, covering the electronic part and the at least
one cavity.
30.

The Ultrahuman Ring, as a component of the Accused Instrumentalities, is a

wearable electronic device. Indeed, Ultrahuman advertises its ring as the “most comfortable
wearable” while depicting a user wearing the Accused Product:

14

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 15 of 39 PageID #: 15

https://www.ultrahuman.com/ring/buy/us/ (annotated) (Last visited: Aug. 21, 2023).
31.

The Accused Instrumentalities also include electronics such as sensors and abattery, thus constituting a wearable electronic device:

Id.

15

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 16 of 39 PageID #: 16

https://www.Ultrahuman.com/ (annotated) (Last visited: Aug. 21, 2023).
32.

The Accused Instrumentalities include a body part made of a non-ceramic material.

For example, Ultrahuman advertises that the “outer shell is made from fighter jet grade Titanium
reinforced with Tungsten Carbon coating”:

https://www.ultrahuman.com/ring/buy/us/ (annotated) (Last visited: Aug. 21, 2023).
33.

The body part of the Ultrahuman Ring, as a component of the Accused

Instrumentalities, includes an inner surface and an outer surface, and at least one cavity that isformed on the inner surface of the body part, the at least one cavity extending from the innersurface of the body part towards the outer surface of the body part and having a depth arranged
within the inner surface of the body part:16

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 17 of 39 PageID #: 17

https://www.ultrahuman.com/ (annotated) (Last visited: Aug. 21, 2023)

Id. (annotated).
34.

The Ultrahuman Ring, as a component of the Accused Instrumentalities, also

includes an electronic part that is arranged in said at least one cavity, where the electronic part hasa thickness that is less than the depth of the at least one cavity:17

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 18 of 39 PageID #: 18

Id. (annotated).
35.

The Ultrahuman Ring, as a component of the Accused Instrumentalities, also

includes a coating made of a moldable filler material on the inner surface of the body part, covering
the electronic part and the at least one cavity. For example, Ultrahuman advertises that the “innersof the ring is [sic] coated with medical-grade hypoallergenic epoxy resin”:

https://www.ultrahuman.com/ring/buy/us/ (annotated) (Last visited: Aug. 21, 2023).
36.

Ultrahuman also illustrates that the coating covers the electronic parts and the atleast one cavity:18

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 19 of 39 PageID #: 19

https://www.ultrahuman.com/ (annotated) (Last visited: Aug. 21, 2023).
37.

On information and belief, Ultrahuman has been fully aware of and has had

knowledge, or should have had knowledge, of the ’833 patent since at least Jan. 19, 2021 – theissuance date of the ’833 patent – or at the latest as of the filing of this Complaint.
38.

Because of Ultrahuman’s infringing activities, Oura has suffered, and will continue

to suffer, substantial damages in an amount to be proven at trial. Ultrahuman’s acts are or weredeliberate and willful, and will continue unless enjoined by this Court.
COUNT II
(Infringement of Plaintiffs’ ’429 Patent)
39.

Plaintiffs reallege and incorporate by reference the allegations of all preceding

paragraphs of this Complaint, as if fully set forth herein.
40.

Plaintiff Ōura Health Oy is the owner by assignment of the ’429 patent, entitled“Method and System for Assessing a Readiness Score of a User.” The ’429 patent was duly andlegally issued by the United States Patent and Trademark Office on November 24, 2020. A trueand correct copy of the ’429 patent is attached to this Complaint as Exhibit B.
41.

In violation of 35 U.S.C. § 271(a), Ultrahuman has and continues to directly,

indirectly, or under the doctrine of equivalents, infringe one or more claims of the ’429 patent by

19

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 20 of 39 PageID #: 20

making, using, offering for sale, selling, or importing devices and software that practice the ’429
patent, including but not limited to the Accused Instrumentalities.
42.

In violation of 35 U.S.C. § 271(b) and (c), Ultrahuman has and continues towillfully induce others to infringe and/or contribute to infringing the ’429 patent by wearing andusing the Accused Instrumentalities. Indeed, Ultrahuman induces others to practice a patented
process, constituting a material part of the invention, knowing the same to be especially made orespecially adapted for use in an infringement of the ’429 patent, and not a staple article orcommodity of commerce suitable for substantial non-infringing use.
43.

The Accused Instrumentalities infringe at least independent claim 1 of the ’429

patent. Claim 1 of the ’429 patent recites:
1. A method for assessing readiness of a user, the method
comprising:obtaining the user’s movements;using the obtained user’s movements to determine a natureof the period, wherein the nature of the period is selected from anactivity period and a rest period;
measuring at least one biosignal of the user during the rest
period;determining a rest summary for the rest period, based on themeasured at least one biosignal and at least one biosignal of aprevious rest period;
determining an activity summary for the activity period,
based on the obtained movements of an activity period and obtained
movements of at least one previous activity period;
determining a body response summary based on the rest
summary and the activity summary;calculating a readiness score based on the body responsesummary and a previous body response summary, whereby thereadiness score indicates a level of readiness of the user; andusing a user interface of the mobile communication device
to show elements contributing to the readiness score and instructions
related to physical activity and mental activity for improving thereadiness score.
44.

The Accused Instrumentalities assess readiness of a user by calculating a “Recovery

Score,” which Ultrahuman indicates is “an aggregate measure of five parameters determining your20

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 21 of 39 PageID #: 21

body’s preparedness for the next day. It is a percentage measure from 0-100, a higher (85 or above)
number indicating better recovery.” 3:

45.

To assess the readiness of the user and calculate a readiness score, Ultrahumanobtains the user’s movements. Id. (“How is it calculated? Ultrahuman Ring calculates the recovery
score based on five factors – sleep, movement, temperature, resting heart rate and HRV. Eachfactor further has its measurement indices to arrive at individual values.”) (emphasis added).
46.

Ultrahuman also uses the obtained user’s movements to determine a nature of theperiod, wherein the nature of the period is selected from an activity period and a rest period:

https://blog.ultrahuman.com/blog/ultrahuman-ring-recovery-scoreguide/#:~:text=The%20Ultrahuman%20Ring's%20recovery%20score,above)%20number%20indicating%20better%20recovery.
3

21

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 22 of 39 PageID #: 22

Id.
47.

In assessing the readiness of the user, Ultrahuman measures at least one biosignalof the user during the rest period. On information and belief, Ultrahuman measures at least one ormore of resting heart rate, HRV form, and body temperature during the resting period. See e.g., id.
(“Ultrahuman Ring gives you a holistic picture of your sleep quality, contributors of which are
sleep efficiency, total sleep, REM sleep, deep sleep and sleep timing. These, coupled with yourheart rate value, arrive at an assessment of your total sleep quality.”).
48.

Ultrahuman also determines a rest summary for the rest period, based on themeasured at least one biosignal and at least one biosignal of a previous rest period. For example,
Ultrahuman calculates a “Sleep Quotient” that represents one example of a summary of the rest
period that, on information and belief, is based on a measured biosignal of multiple rest periods:

22

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 23 of 39 PageID #: 23

Id. (annotated).
49.

Ultrahuman also determines an activity summary for the activity period, based on

the obtained movements of an activity period and obtained movements of at least one previous
activity period. For example, Ultrahuman calculates a “Movement Index” that represents one
example of the activity summary that, on information and belief, is based on movements of at least
one previous activity period:

23

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 24 of 39 PageID #: 24

Id. (annotated).
50.

On information and belief, Ultrahuman determines a body response summary basedon the rest summary and the activity summary. Id. (“[S]leep and movement make up a major chunkof the recovery score”).
51.

Ultrahuman also calculates a readiness score based on the body response summary

and a previous body response summary, whereby the readiness score indicates a level of readinessof the user. For example, Ultrahuman calculates a response summary that is based on the readinessscore over multiple days that determines the body’s preparedness for the day. Id.:

24

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 25 of 39 PageID #: 25

Id.
52.

Ultrahuman uses a user interface of the mobile communication device to show

elements contributing to the readiness score and instructions related to physical activity and mental
activity for improving the readiness score:Id. (annotated).

25

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 26 of 39 PageID #: 26

53.

On information and belief, Ultrahuman has been fully aware of and has had

knowledge, or should have had knowledge, of the ’429 patent since at least Nov. 24, 2020 – theissuance date of the ’429 patent – or at the latest as of the filing of this Complaint.
54.

By reason of Ultrahuman’s infringing activities, Oura has suffered, and willcontinue to suffer, substantial damages in an amount to be proven at trial. Ultrahuman’s acts areor were deliberate and willful, and will continue unless enjoined by this Court.
COUNT III
(Copyright Infringement Under 17 U.S.C. § 101 et seq.)
55.

Plaintiffs reallege and incorporate by reference the allegations of all preceding

paragraphs of this Complaint, as if fully set forth herein.
56.

Plaintiff Ōura Health Oy is the owner of the copyrights in original photography,

graphics, and text that it has published on inter alia Plaintiffs’ Instagram social media account,mobile app, and/or website.
57.

One such copyrighted work owned by Plaintiff Ōura Health Oy consists of an imageof a ring depicted as if standing vertically on its side and displayed at an angle showing both theexterior and interior surfaces, in the center of an outdoor landscape and framed by one small whitebordered rectangular box within a larger white-bordered rectangle, with accompanying text
displayed in black lettering against a white background (hereinafter, the “Oura Copyrighted
Landscape Design”):

26Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 27 of 39 PageID #: 27

Oura Copyrighted Landscape Design

https://www.instagram.com/p/CmwYMOLueU7/?img_index=1
58.

Oura first published the Oura Copyrighted Landscape Design on its Instagramsocial media page on or about December 29, 2022.
59.

Plaintiff Ōura Health Oy also owns the copyright in an original three-dimensional

image of the Oura Ring in which three separate images of the components of the ring are displayedconsecutively in an “exploded view,” with each image displaying each component of the ringvertically as if suspended in the air (hereinafter “Oura Copyrighted 3D Ring Image”):

27Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 28 of 39 PageID #: 28

Oura Copyrighted 3D Ring Image

https://www.instagram.com/p/BfOop6Yl21t/
60.

Oura first published the Oura Copyrighted 3D Ring Image on its Instagram social

media page on or about February 15, 2018.
61.

In addition, Oura owns the copyright in the original combination and arrangementof words, data, designs, and colors used in connection with the User Interface on its Oura App,including nonliteral elements generated from copyrighted source code and object code such as the
structure, sequence, organization, user interface, screen displays, and menu structures,
representative images of which are shown immediately below (hereinafter the “Oura Copyrighted
User Interface Design”):

28Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 29 of 39 PageID #: 29

Oura App (With User Interface of Copyrighted Imagery, Text, and Graphics)

29

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 30 of 39 PageID #: 30

62.

Plaintiffs first published the Oura Copyrighted User Interface Design on the Oura

30

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 31 of 39 PageID #: 31

App in or about 2015. Additionally, Oura registered the Oura Copyrighted User Interface Design
with the U.S. Copyright Office on or about June 21, 2023. See Registration Nos. TX 9-288-710
and TX 9-228-702.
63.

Collectively, the Oura Copyrighted Landscape Design, the Oura Copyrighted 3D

Ring Image, and the Oura Copyrighted User Interface Design are referred to herein as the “Oura
Copyrighted Works.”
64.

Without authorization from Plaintiffs, Ultrahuman has directly, vicariously, and/or

contributorily infringed Plaintiffs’ rights in the Oura Copyrighted Works by reproducing,
displaying, and/or distributing unauthorized copies of the works in violation of 17 U.S.C. § 501 et
seq.
65.

Specifically, as shown by the below side-by-side images, Ultrahuman has willfully

infringed each of the Oura Copyrighted Works by reproducing, displaying, and/or distributing
works that are identical or substantially similar to the Oura Copyrighted Works:
Oura
Copyrighted Landscape Design

UltrahumanInfringing Landscape Design31Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 32 of 39 PageID #: 32

Published: Dec. 29, 2022
https://www.instagram.com/p/CmwYMOLue
U7/?img_index=1

Published: June 23, 2023
https://www.instagram.com/p/Ct0z1rGI7kq/?
img_index=1

Oura Coyrighted 3D Ring Image

Ultrahuman Infringing 3D Ring Image

Published: Feb. 15, 2018https://www.instagram.com/p/BfOop6Yl21t/

Published: June 26, 2023
https://www.instagram.com/p/Ct8cVWtI4mN/?img_index=1

Oura App (With User Interface of
Copyrighted Imagery, Text, and Graphics)

32

Ultrahuman
Accused Instrumentalities

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 33 of 39 PageID #: 33

33

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 34 of 39 PageID #: 34

34

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 35 of 39 PageID #: 35

35

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 36 of 39 PageID #: 36

66.

Upon information and belief, Ultrahuman has reproduced, displayed, and/or

distributed the infringing works since, respectively, approximately June 23, 2023 (the UltrahumanInfringing Landscape Design), approximately June 26, 2023 (the Ultrahuman Infringing 3D Ring
Image), and approximately July 2022 (the Ultrahuman Infringing User Interface Design).
67.

Collectively, the Ultrahuman Infringing Landscape Design, Ultrahuman Infringing

3D Ring Image, and Ultrahuman Infringing User Interface Design are referred to herein as the“Infringing Ultrahuman Works.”
68.

Upon information and belief, Ultrahuman has reproduced, displayed, and/or

distributed the Infringing Ultrahuman Works on inter alia its Instagram social media account andits Ultrahuman mobile app, both of which are accessible to and target United States consumers.
69.

Plaintiffs have never assigned, licensed, or otherwise transferred to Ultrahuman any

rights in the Oura Copyrighted Works, nor have Plaintiffs ever authorized Ultrahuman to copy,
display, distribute, or license the Oura Copyrighted Works.
70.

Ultrahuman, either directly or indirectly, infringed the Oura Copyrighted Works for

its own commercial gain to the unjust exclusion of Plaintiffs.

36

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 37 of 39 PageID #: 37

71.

By the acts stated herein, Ultrahuman has directly, vicariously, and/or

contributorily infringed the copyrights in the Oura Copyrighted Works in violation of §§ 106 and501 of the Copyright Act, 17 U.S.C. § 101, et seq.
72.

Ultrahuman’s infringement of Plaintiffs’ rights in and to each of the copyrighted

works constitutes a distinct act of infringement.
73.

Upon information and belief, Ultrahuman knew or should have known that its

conduct constituted copyright infringement.
74.

Ultrahuman’s conduct was willful within the meaning of the Copyright Act.

75.

Plaintiffs have been damaged by Ultrahuman’s conduct, including but not limited

to economic loss. Plaintiffs continue to be damaged by such conduct and have no adequate remedy
at law to compensate Plaintiffs for all the possible damages stemming from Ultrahuman’s conduct.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request that the Court enter judgement as follows:a)

Declaring that Ultrahuman has infringed the Asserted Patents and the Oura

Copyrighted Works and that such infringement was willful;b)Awarding damages in an amount to be proved at trial, but in no event less than areasonable royalty for its infringement of the Asserted Patents including pre-judgment andpost-judgment interest at the maximum rate permitted by law;c)With regard to copyright infringement, awarding damages in an amount to be

proved at trial, but in no event less than (i) all profits realized by Ultrahuman as a result of
its unlawful infringing acts as complained of herein pursuant to 17 U.S.C. § 504 and (ii)all actual damages suffered as a result of Ultrahuman’s unlawful infringing acts
complained of herein pursuant to 17 U.S.C. § 504;d)

In the alternative, that Ultrahuman be required to pay Plaintiffs statutory damages
37

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 38 of 39 PageID #: 38

for infringement of the Oura Copyrighted Works pursuant to 17 U.S.C. § 504 and that such
infringement was willful;e)Ordering a permanent injunction enjoining Ultrahuman, its officers, agents,

servants, employees, attorneys, and all other persons in active concert or participation with
Ultrahuman from infringing the Asserted Patents and the Oura Copyrighted Works;f)Ordering an award of reasonable attorneys’ fees to Plaintiffs as provided by 35

U.S.C. § 285 and 17 U.S.C. § 505;g)Awarding expenses, costs, and disbursements in this action, including prejudgmentinterest; andh)Awarding such other and further relief as the Court deems just and proper.

38

Case 2:23-cv-00396-JRG-RSP Document 1 Filed 09/01/23 Page 39 of 39 PageID #: 39

DATED: September 1, 2023

Respectfully submitted,/s/ Shaun W. HassettMichael E. Jones, State Bar No. 10929400
Shaun W. Hassett, State Bar No. 24074372
POTTER MINTON
102 North College, Suite 900
Tyler, TX 75702
Tel: 903.597.8311
Fax: 903-593-0846
mikejones@potterminton.com
shaunhassett@potterminton.com
ARENTFOX SCHIFF LLPJanine A. Carlan
Jasjit S. Vidwan (pro hac vice)
Ross Q. Panko (pro hac vice)
1717 K Street, NW
Washington, DC 20006-5344
Tel: 202.857.6000
janine.carlan@afslaw.com
jasjit.vidwan@afslaw.com
ross.panko@afslaw.com
ATTORNEYS FOR PLAINTIFFS

39