Exhibit 3 to the Complaint.

1

U.S. Patent No. 8,671,195 v. Roche Accu-Chek Guide Meter

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 1 of 280 PageID #: 34
Exhibit 3 to the Complaint.

2

1. Claim Chart

Claim Analysis

[1.P] A digital 

media 

communication 

protocol, 

comprising:

Roche Diagnostics Corporation (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Company provides Accu-Chek Guide, a blood glucose meter designed to measure blood sugar levels. It 

transmits the measured blood sugar levels to a mySugr app, installed on the user's smartphone, using Bluetooth wireless 

technology ("digital media communication protocol").

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 2 of 280 PageID #: 35
Exhibit 3 to the Complaint.

3

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 3 of 280 PageID #: 36
Exhibit 3 to the Complaint.

4

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 4 of 280 PageID #: 37
Exhibit 3 to the Complaint.

5

Source: https://www.mysugr.com/en-us/

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 5 of 280 PageID #: 38
Exhibit 3 to the Complaint.

6

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 6 of 280 PageID #: 39
Exhibit 3 to the Complaint.

7

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 7 of 280 PageID #: 40
Exhibit 3 to the Complaint.

8

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 8 of 280 PageID #: 41
Exhibit 3 to the Complaint.

9

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 9 of 280 PageID #: 42
Exhibit 3 to the Complaint.

10

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 10 of 280 PageID #: 43
Exhibit 3 to the Complaint.

11

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 11 of 280 PageID #: 44
Exhibit 3 to the Complaint.

12

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.1] at least one 

media terminal 

disposed in an 

accessible 

relation to at 

least one 

Company makes, uses, sells and/or offers to sell at least one media terminal disposed in an accessible relation to at least

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 12 of 280 PageID #: 45
Exhibit 3 to the Complaint.

13

interactive 

computer 

network,

For example, the Accu-Chek Guide transmits the blood sugar levels to the mySugr app, installed on the user's smartphone 

("media terminal"), using Bluetooth network ("interactive computer network"). Since, the smartphone communicates 

and sends data to the Accu-Chek Guide using Bluetooth, it is apparent for a person having ordinary skills in the art that, 

the media terminal is disposed in an accessible relation with the Accu-Chek Guide using Bluetooth network.

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2 (annotated)

media 

terminal

interactive

computer 

network

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 13 of 280 PageID #: 46
Exhibit 3 to the Complaint.

14

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

interactive 

computer 

network

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 14 of 280 PageID #: 47
Exhibit 3 to the Complaint.

15

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 15 of 280 PageID #: 48
Exhibit 3 to the Complaint.

16

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 16 of 280 PageID #: 49
Exhibit 3 to the Complaint.

17

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 17 of 280 PageID #: 50
Exhibit 3 to the Complaint.

18

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 18 of 280 PageID #: 51
Exhibit 3 to the Complaint.

19

Source: https://play.google.com/store/apps/details?id=com.mysugr.android.companion

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.2] a wireless 

range structured 

to permit 

authorized 

access to

said at least one 

interactive 

computer 

network,

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide and the smartphone, on which the mySugr app is installed, are paired with each other 

using the Bluetooth network (“interactive computer network”). This network facilitates the pairing of the smartphone 

and the Accu-Chek Guide when they are within Bluetooth range of each other. To complete the Bluetooth pairing, the 

user is required to input the PIN of the Accu-Chek Guide into the mySugr app (“permit authorized access”). Therefore, 

it would be apparent to a person of ordinary skill in the art that wireless range structured to permit authorized access to 

at least one interactive computer network.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 19 of 280 PageID #: 52
Exhibit 3 to the Complaint.

20

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 20 of 280 PageID #: 53
Exhibit 3 to the Complaint.

21

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 21 of 280 PageID #: 54
Exhibit 3 to the Complaint.

22

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 22 of 280 PageID #: 55
Exhibit 3 to the Complaint.

23

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 23 of 280 PageID #: 56
Exhibit 3 to the Complaint.

24

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 24 of 280 PageID #: 57
Exhibit 3 to the Complaint.

25

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29 (annotated)

authorized 

access

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 25 of 280 PageID #: 58
Exhibit 3 to the Complaint.

26

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 26 of 280 PageID #: 59
Exhibit 3 to the Complaint.

27

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by the Defendant.

[1.3] at least one 

media node 

disposable 

within said 

wireless

Company makes, uses, sells and/or offers to sell at least one media node disposable within said wireless range, wherein 

said at least one media node is detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 27 of 280 PageID #: 60
Exhibit 3 to the Complaint.

28

range, wherein 

said at least one 

media node is 

detectable

by said at least 

one media 

terminal,

For example, the Accu-Chek Guide ("media node") employs the Bluetooth network ("interactive computer network") to 

pair with the mySugr app which is installed on the user's smartphone. The smartphone, on which the mySugr app is 

installed, detects the Accu-Chek Guides which are within its Bluetooth range.

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 28 of 280 PageID #: 61
Exhibit 3 to the Complaint.

29

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70 

(annotated)

media 

node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 29 of 280 PageID #: 62
Exhibit 3 to the Complaint.

30

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 30 of 280 PageID #: 63
Exhibit 3 to the Complaint.

31

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 31 of 280 PageID #: 64
Exhibit 3 to the Complaint.

32

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 32 of 280 PageID #: 65
Exhibit 3 to the Complaint.

33

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 33 of 280 PageID #: 66
Exhibit 3 to the Complaint.

34

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 34 of 280 PageID #: 67
Exhibit 3 to the Complaint.

35

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.4] at least one 

digital media 

file initially 

disposed on at 

Company makes, uses, sells and/or offers to sell at least one digital media file initially disposed on at least one of said at 

least one media terminal or said at least one media node, said at least one media terminal being structured to detect said 

at least one media node disposed within said wireless range.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 35 of 280 PageID #: 68
Exhibit 3 to the Complaint.

36

least one of said 

at least one 

media terminal 

or said at least 

one media node, 

said at least one 

media terminal 

being structured 

to detect said at 

least one media 

node disposed 

within said 

wireless range,

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide blood glucose meter is used to measures the blood sugar levels (“digital media file”). 

These measured blood sugar levels are saved in the Accu-Chek Guide meter (“digital media file initially disposed on at 

least one of said media terminal or said media node”). The mySugr app installed in the user’s smartphone detects (“at 

least one media terminal being structured to detect said at least one media node”) the Accu-Chek Guide meter through 

Bluetooth and establishes a connection (gets paired).

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 36 of 280 PageID #: 69
Exhibit 3 to the Complaint.

37

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 37 of 280 PageID #: 70
Exhibit 3 to the Complaint.

38

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 38 of 280 PageID #: 71
Exhibit 3 to the Complaint.

39

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 39 of 280 PageID #: 72
Exhibit 3 to the Complaint.

40

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.5] a 

communication 

link structured 

to dispose said 

at least one

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said at least one interactive 

computer network.

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 40 of 280 PageID #: 73
Exhibit 3 to the Complaint.

41

media terminal 

and said at least 

one media node 

in a

communicative 

relation with 

one another via 

said at least

one interactive 

computer 

network,

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, mySugr app installed on the user’s smartphone and Accu-Chek Guide establishes a connection through 

Bluetooth pairing. This process creates a Bluetooth channel (“communication link structured to dispose”) between AccuChek Guide meter and mySugr app for the transfer of the measured blood sugar levels (“a communicative relation with 

one another via said interactive computer network”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 41 of 280 PageID #: 74
Exhibit 3 to the Complaint.

42

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 42 of 280 PageID #: 75
Exhibit 3 to the Complaint.

43

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 43 of 280 PageID #: 76
Exhibit 3 to the Complaint.

44

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 44 of 280 PageID #: 77
Exhibit 3 to the Complaint.

45

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 45 of 280 PageID #: 78
Exhibit 3 to the Complaint.

46

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 46 of 280 PageID #: 79
Exhibit 3 to the Complaint.

47

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 47 of 280 PageID #: 80
Exhibit 3 to the Complaint.

48

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 48 of 280 PageID #: 81
Exhibit 3 to the Complaint.

49

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.6] said 

communication 

link being 

initiated by said 

at least one

media terminal,

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 49 of 280 PageID #: 82
Exhibit 3 to the Complaint.

50

For example, the mySugr app, installed on the smartphone, initiates Bluetooth pairing to establish the communication 

channel with the Accu-Chek Guide.

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 50 of 280 PageID #: 83
Exhibit 3 to the Complaint.

51

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 51 of 280 PageID #: 84
Exhibit 3 to the Complaint.

52

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 52 of 280 PageID #: 85
Exhibit 3 to the Complaint.

53

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 53 of 280 PageID #: 86
Exhibit 3 to the Complaint.

54

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 54 of 280 PageID #: 87
Exhibit 3 to the Complaint.

55

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 55 of 280 PageID #: 88
Exhibit 3 to the Complaint.

56

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.7] said at 

least one media 

node and said at 

least one media

terminal being 

structured to 

Defendant makes, uses, sells and/or offers to sell said at least one media node and said at least one media terminal being 

structured to transmit said at least one digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 56 of 280 PageID #: 89
Exhibit 3 to the Complaint.

57

transmit said at 

least one

digital media 

file 

therebetween 

via said 

communication

link, and

For example, after establishing a Bluetooth channel (“communication link”) between the mySugr app installed on the 

user’s smartphone and the Accu-Chek Guide, the Accu-Chek Guide (“media node") sends (“structured to transmit”) the 

measured blood sugar levels (“at least one digital media file”) to the mySugr app installed on the user’s smartphone 

(“media terminal”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 57 of 280 PageID #: 90
Exhibit 3 to the Complaint.

58

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 58 of 280 PageID #: 91
Exhibit 3 to the Complaint.

59

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 59 of 280 PageID #: 92
Exhibit 3 to the Complaint.

60

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40 (annotated)

media node

transmits digital 

media file to 

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 60 of 280 PageID #: 93
Exhibit 3 to the Complaint.

61

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[1.8] said 

communication 

link is 

structured to 

bypass at least 

one

Company makes, uses, sells and/or offers to sell said said communication link is structured to bypass at least one media 

terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

media node

transmits digital 

media file

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 61 of 280 PageID #: 94
Exhibit 3 to the Complaint.

62

media terminal 

security 

measure.

The Accu-Chek Guide meter and the mySugr app do not require users to input a PIN (“security measure”) every time 

they communicate. Instead, the PIN input is necessary during the initial pairing process, and thereafter, the devices 

automatically exchange data without requiring users to re-enter the PIN (“bypass at least one media terminal security 

measure”). Therefore, upon information and belief, the Bluetooth channel created between Accu-Chek Guide meter and 

mySugr app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 62 of 280 PageID #: 95
Exhibit 3 to the Complaint.

63

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 63 of 280 PageID #: 96
Exhibit 3 to the Complaint.

64

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 64 of 280 PageID #: 97
Exhibit 3 to the Complaint.

65

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 65 of 280 PageID #: 98
Exhibit 3 to the Complaint.

66

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 66 of 280 PageID #: 99
Exhibit 3 to the Complaint.

67

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 67 of 280 PageID #: 100
Exhibit 3 to the Complaint.

68

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 68 of 280 PageID #: 101
Exhibit 3 to the Complaint.

69

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by Defendant.

[2] The digital 

media 

communication 

protocol recited 

in

claim 1 wherein

Company makes, uses, sells and/or offers to sell said digital media file is initially disposed on said at least one media 

node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 69 of 280 PageID #: 102
Exhibit 3 to the Complaint.

70

said digital 

media file is 

initially 

disposed on said 

at least one 

media node.

For example, the Accu-Chek Guide meter (“media node”) measures the blood sugar levels (“digital media file”). These 

measured blood sugar levels are saved in the Accu-Chek Guide meter (“digital media file is initially disposed on said at 

least one media node”).

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 70 of 280 PageID #: 103
Exhibit 3 to the Complaint.

71

Source: https://www.accu-chek.com/products/meters/guide

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[3] The digital 

media 

communication 

protocol recited 

in

claim 2 wherein

said at least one 

media terminal 

is structured to 

display said

at least one 

digital media 

file.

Company makes, uses, sells and/or offers to sell said at least one media terminal is structured to display said at least one 

digital media file.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the mySugr app displays the measured blood sugar levels (“digital media file”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 71 of 280 PageID #: 104
Exhibit 3 to the Complaint.

72

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 72 of 280 PageID #: 105
Exhibit 3 to the Complaint.

73

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 73 of 280 PageID #: 106
Exhibit 3 to the Complaint.

74

Source: https://www.accu-chek.com/products/mysugr

Source: https://www.mysugr.com/en-us/diabetes-app/

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 74 of 280 PageID #: 107
Exhibit 3 to the Complaint.

75

Source: https://www.mysugr.com/en-us/diabetes-app/ (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[11] The digital 

media 

communication 

protocol recited 

in claim 1 

wherein

said at least one 

media node 

includes a 

portable device.

Company makes, uses, sells and/or offers to sell said at least one media node includes a portable device.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide (“media node”), is a portable blood glucose meter designed to measure blood sugar 

levels. 

display 

digital media 

file

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 75 of 280 PageID #: 108
Exhibit 3 to the Complaint.

76

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 76 of 280 PageID #: 109
Exhibit 3 to the Complaint.

77

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70 

(annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[13] The digital 

media 

communication 

protocol recited 

in

claim 1 wherein

said 

communication 

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one networking 

device security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide meter and the mySugr app do not require users to input a PIN (“security measure”) 

every time they communicate. Instead, the PIN input is necessary during the initial pairing process, and thereafter, the 

devices automatically exchange data without requiring users to re-enter the PIN (“at least one networking device security 

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 77 of 280 PageID #: 110
Exhibit 3 to the Complaint.

78

link is 

structured to 

bypass at least 

one

networking 

device security 

measure.

measure”). Therefore, upon information and belief, the Bluetooth channel created between Accu-Chek Guide meter and 

mySugr app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 78 of 280 PageID #: 111
Exhibit 3 to the Complaint.

79

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 79 of 280 PageID #: 112
Exhibit 3 to the Complaint.

80

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 80 of 280 PageID #: 113
Exhibit 3 to the Complaint.

81

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 81 of 280 PageID #: 114
Exhibit 3 to the Complaint.

82

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 82 of 280 PageID #: 115
Exhibit 3 to the Complaint.

83

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 83 of 280 PageID #: 116
Exhibit 3 to the Complaint.

84

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 84 of 280 PageID #: 117
Exhibit 3 to the Complaint.

85

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by Defendant.

[17.P] A digital 

media 

communication 

protocol, 

comprising

Roche Diagnostics Corporation (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 85 of 280 PageID #: 118
Exhibit 3 to the Complaint.

86

For example, Company provides Accu-Chek Guide, a blood glucose meter designed to measure blood sugar levels. It 

transmits the measured blood sugar levels to a mySugr app, installed on the user's smartphone, using Bluetooth wireless 

technology ("digital media communication protocol").

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 86 of 280 PageID #: 119
Exhibit 3 to the Complaint.

87

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 87 of 280 PageID #: 120
Exhibit 3 to the Complaint.

88

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant .

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 88 of 280 PageID #: 121
Exhibit 3 to the Complaint.

89

[17.1] at least 

one media 

terminal and at 

least one media 

node

disposed in an 

accessible 

relation with at 

least one inter

active computer 

network,

Company makes, uses, sells and/or offers to sell at least one media terminal and at least one media node disposed in an 

accessible relation with at least one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide ("media node") transmits the blood sugar levels to the mySugr app, installed on the 

user's smartphone ("media terminal"), using Bluetooth network ("interactive computer network"). Since, both devices 

communicate and send data using Bluetooth, it is apparent for a person having ordinary skills in the art that, both devices 

are disposed in an accessible relation with the Bluetooth network. 

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 89 of 280 PageID #: 122
Exhibit 3 to the Complaint.

90

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70 

(annotated)

inter

active 

computer 

network

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 90 of 280 PageID #: 123
Exhibit 3 to the Complaint.

91

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 91 of 280 PageID #: 124
Exhibit 3 to the Complaint.

92

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 92 of 280 PageID #: 125
Exhibit 3 to the Complaint.

93

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 93 of 280 PageID #: 126
Exhibit 3 to the Complaint.

94

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 94 of 280 PageID #: 127
Exhibit 3 to the Complaint.

95

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.2] at least 

one digital 

media file 

initially 

Company makes, uses, sells and/or offers to sell at least one digital media file initially disposed on at least one of said 

media terminal or said media node, said at least one media terminal structured to detect said at least one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 95 of 280 PageID #: 128
Exhibit 3 to the Complaint.

96

disposed on at 

least

one of said 

media terminal 

or said media 

node, said at

least one media 

terminal 

structured to 

detect said at 

least

one media node,

For example, the Accu-Chek Guide meter measures the blood sugar levels (“digital media file”). These measured blood 

sugar levels are saved in the Accu-Chek Guide meter (“digital media file initially disposed on at least one of said media 

terminal or said media node”). The mySugr app installed in the user’s smartphone detects (“at least one media terminal 

structured to detect said at least one media node”) the Accu-Chek Guide meter through Bluetooth and establishes a 

connection (gets paired). 

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 96 of 280 PageID #: 129
Exhibit 3 to the Complaint.

97

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 97 of 280 PageID #: 130
Exhibit 3 to the Complaint.

98

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 98 of 280 PageID #: 131
Exhibit 3 to the Complaint.

99

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 99 of 280 PageID #: 132
Exhibit 3 to the Complaint.

100

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.3] a 

communication 

link structured 

to dispose said 

at least one

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said interactive computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 100 of 280 PageID #:

133
Exhibit 3 to the Complaint.

101

media terminal 

and said at least 

one media node 

in a

communicative 

relation with 

one another via 

said inter

active computer 

network,

For example, mySugr app installed on the user’s smartphone and Accu-Chek Guide establishes a connection through 

Bluetooth pairing. This process creates a Bluetooth channel (“communication link structured to dispose”) between AccuChek Guide meter and mySugr app for the transfer of the measured blood sugar levels (“a communicative relation with 

one another via said interactive computer network”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 101 of 280 PageID #:

134
Exhibit 3 to the Complaint.

102

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 102 of 280 PageID #:

135
Exhibit 3 to the Complaint.

103

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 103 of 280 PageID #:

136
Exhibit 3 to the Complaint.

104

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 104 of 280 PageID #:

137
Exhibit 3 to the Complaint.

105

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 105 of 280 PageID #:

138
Exhibit 3 to the Complaint.

106

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 106 of 280 PageID #:

139
Exhibit 3 to the Complaint.

107

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 107 of 280 PageID #:

140
Exhibit 3 to the Complaint.

108

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 108 of 280 PageID #:

141
Exhibit 3 to the Complaint.

109

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.4] said 

communication 

link being 

initiated by said 

at least one

media terminal,

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the mySugr app, installed on the smartphone, initiates Bluetooth pairing to establish the communication 

channel with the Accu-Chek Guide.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 109 of 280 PageID #:

142
Exhibit 3 to the Complaint.

110

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 110 of 280 PageID #:

143
Exhibit 3 to the Complaint.

111

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 111 of 280 PageID #:

144
Exhibit 3 to the Complaint.

112

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 112 of 280 PageID #:

145
Exhibit 3 to the Complaint.

113

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 113 of 280 PageID #:

146
Exhibit 3 to the Complaint.

114

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 114 of 280 PageID #:

147
Exhibit 3 to the Complaint.

115

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 115 of 280 PageID #:

148
Exhibit 3 to the Complaint.

116

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.5] said at 

least one media 

node and said at 

least one media

terminal 

structured to 

transmit said at 

Company makes, uses, sells and/or offers to sell said at least one media node and said at least one media terminal 

structured to transmit said at least one digital media file therebetween via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, after establishing a Bluetooth channel (“communication link”) between the mySugr app installed on the 

user’s smartphone and the Accu-Chek Guide, the Accu-Chek Guide (“media node") sends (“structured to transmit”) the 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 116 of 280 PageID #:

149
Exhibit 3 to the Complaint.

117

least one digital 

media file 

therebetween 

via said 

communication 

link,

wherein

measured blood sugar levels (“at least one digital media file”) to the mySugr app installed on the user’s smartphone 

(“media terminal”).

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 117 of 280 PageID #:

150
Exhibit 3 to the Complaint.

118

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 118 of 280 PageID #:

151
Exhibit 3 to the Complaint.

119

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40 (annotated)

media node 

transmits digital 

media file to 

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 119 of 280 PageID #:

152
Exhibit 3 to the Complaint.

120

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43 (annotated)

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[17.6] said 

communication 

link is 

structured to 

bypass at least 

one

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one media 

terminal security measure. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

media node 

transmits 

digital media 

file 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 120 of 280 PageID #:

153
Exhibit 3 to the Complaint.

121

media terminal 

security 

measure.

The Accu-Chek Guide meter and the mySugr app do not require users to input a PIN (“security measure”) every 

time they communicate. Instead, the PIN input is necessary during the initial pairing process, and thereafter, the 

devices automatically exchange data without requiring users to re-enter the PIN (“bypassing the security measure”). 

Therefore, upon information and belief, the Bluetooth channel created between Accu-Chek Guide meter and mySugr 

app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 121 of 280 PageID #:

154
Exhibit 3 to the Complaint.

122

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 122 of 280 PageID #:

155
Exhibit 3 to the Complaint.

123

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 123 of 280 PageID #:

156
Exhibit 3 to the Complaint.

124

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 124 of 280 PageID #:

157
Exhibit 3 to the Complaint.

125

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 125 of 280 PageID #:

158
Exhibit 3 to the Complaint.

126

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 126 of 280 PageID #:

159
Exhibit 3 to the Complaint.

127

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 127 of 280 PageID #:

160
Exhibit 3 to the Complaint.

128

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by the Defendant.

[18] The digital 

media 

communication 

protocol recited 

in claim 17 

further 

comprising a 

wireless range 

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 128 of 280 PageID #:

161
Exhibit 3 to the Complaint.

129

structured to 

permit 

authorized 

access to said at 

least one 

interactive 

computer 

network.

For example, the Accu-Chek Guide and the smartphone, on which the mySugr app is installed, are paired with each other 

using the Bluetooth network (“interactive computer network”). This network facilitates the pairing of the smartphone 

and the Accu-Chek Guide when they are within Bluetooth range of each other. To complete the Bluetooth pairing, the 

user is required to input the PIN (“permit authorized access”) of the Accu-Chek Guide into the mySugr app. It would be 

apparent to a person of ordinary skill in the art that wireless range structured to permit authorized access to at least one 

interactive computer network.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 129 of 280 PageID #:

162
Exhibit 3 to the Complaint.

130

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 130 of 280 PageID #:

163
Exhibit 3 to the Complaint.

131

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 131 of 280 PageID #:

164
Exhibit 3 to the Complaint.

132

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 132 of 280 PageID #:

165
Exhibit 3 to the Complaint.

133

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 133 of 280 PageID #:

166
Exhibit 3 to the Complaint.

134

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 134 of 280 PageID #:

167
Exhibit 3 to the Complaint.

135

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29 (annotated)

authorized 

access

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 135 of 280 PageID #:

168
Exhibit 3 to the Complaint.

136

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 136 of 280 PageID #:

169
Exhibit 3 to the Complaint.

137

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by the Defendant.

[19] The digital 

media 

communication 

protocol recited 

in

claim 18 

wherein

Company makes, uses, sells and/or offers to sell said at least one media node is disposable within said wireless range 

and detectable by said at least one media terminal. 

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide ("media node") employs the Bluetooth network ("interactive computer network") to 

pair with the mySugr app which is installed on the user's smartphone. The smartphone, on which the mySugr app is 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 137 of 280 PageID #:

170
Exhibit 3 to the Complaint.

138

said at least one 

media node is 

disposable 

within said

wireless range 

and detectable 

by said at least 

one media

terminal.

installed, detects the Accu-Chek Guide which is within its Bluetooth range. It would be apparent to a person of ordinary 

skill in the art that at least one media node disposable within the wireless range.

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 138 of 280 PageID #:

171
Exhibit 3 to the Complaint.

139

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70 

(annotated)

media 

node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 139 of 280 PageID #:

172
Exhibit 3 to the Complaint.

140

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 140 of 280 PageID #:

173
Exhibit 3 to the Complaint.

141

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 141 of 280 PageID #:

174
Exhibit 3 to the Complaint.

142

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 142 of 280 PageID #:

175
Exhibit 3 to the Complaint.

143

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 143 of 280 PageID #:

176
Exhibit 3 to the Complaint.

144

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 144 of 280 PageID #:

177
Exhibit 3 to the Complaint.

145

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.P] A digital 

media 

communication 

protocol, 

comprising:

Roche Diagnostics Corporation (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 145 of 280 PageID #:

178
Exhibit 3 to the Complaint.

146

For example, Company provides Accu-Chek Guide, a blood glucose meter designed to measure blood sugar levels. It 

transmits the measured blood sugar levels to a mySugr app, installed on the user's smartphone, using Bluetooth wireless 

technology ("digital media communication protocol").

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 146 of 280 PageID #:

179
Exhibit 3 to the Complaint.

147

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 147 of 280 PageID #:

180
Exhibit 3 to the Complaint.

148

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 148 of 280 PageID #:

181
Exhibit 3 to the Complaint.

149

Source: https://www.mysugr.com/en-us/

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 149 of 280 PageID #:

182
Exhibit 3 to the Complaint.

150

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 150 of 280 PageID #:

183
Exhibit 3 to the Complaint.

151

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 151 of 280 PageID #:

184
Exhibit 3 to the Complaint.

152

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 152 of 280 PageID #:

185
Exhibit 3 to the Complaint.

153

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 153 of 280 PageID #:

186
Exhibit 3 to the Complaint.

154

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 154 of 280 PageID #:

187
Exhibit 3 to the Complaint.

155

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.1] at least 

one media 

terminal 

disposed in an 

accessible 

relation to at 

least one 

Company makes, uses, sells and/or offers to sell at least one media terminal disposed in an accessible relation to at least

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide transmits the blood sugar levels to the mySugr app, installed on the user's smartphone 

("media terminal"), using Bluetooth network ("interactive computer network"). Since, the smartphone communicates 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 155 of 280 PageID #:

188
Exhibit 3 to the Complaint.

156

interactive 

computer 

network,

and sends data to the Accu-Chek Guide using Bluetooth, it is apparent for a person having ordinary skills in the art that, 

the media terminal is disposed in an accessible relation with the Accu-Chek Guide using Bluetooth network.

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2 (annotated)

media 

terminal

interactive 

computer 

network

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 156 of 280 PageID #:

189
Exhibit 3 to the Complaint.

157

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

interactive 

computer 

network

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 157 of 280 PageID #:

190
Exhibit 3 to the Complaint.

158

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 158 of 280 PageID #:

191
Exhibit 3 to the Complaint.

159

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 159 of 280 PageID #:

192
Exhibit 3 to the Complaint.

160

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 160 of 280 PageID #:

193
Exhibit 3 to the Complaint.

161

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 161 of 280 PageID #:

194
Exhibit 3 to the Complaint.

162

Source: https://play.google.com/store/apps/details?id=com.mysugr.android.companion

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.2] a wireless 

range structured 

to permit 

authorized 

access to

said at least one 

interactive 

computer 

network, 

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide and the smartphone, on which the mySugr app is installed, are paired with each other 

using the Bluetooth network (“interactive computer network”). This network facilitates the pairing of the smartphone 

and the Accu-Chek Guide when they are within Bluetooth range of each other. To complete the Bluetooth pairing, the 

user is required to input the PIN (“permit authorized access”) of the Accu-Chek Guide into the mySugr app. It would be 

apparent to a person of ordinary skill in the art that wireless range structured to permit authorized access to at least one 

interactive computer network.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 162 of 280 PageID #:

195
Exhibit 3 to the Complaint.

163

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 163 of 280 PageID #:

196
Exhibit 3 to the Complaint.

164

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 164 of 280 PageID #:

197
Exhibit 3 to the Complaint.

165

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 165 of 280 PageID #:

198
Exhibit 3 to the Complaint.

166

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 166 of 280 PageID #:

199
Exhibit 3 to the Complaint.

167

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 167 of 280 PageID #:

200
Exhibit 3 to the Complaint.

168

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29 (annotated)

authorized 

access

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 168 of 280 PageID #:

201
Exhibit 3 to the Complaint.

169

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 169 of 280 PageID #:

202
Exhibit 3 to the Complaint.

170

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by the Defendant.

[21.3] at least 

one media node 

disposed within 

said wireless

range, said 

media node 

including a 

Company makes, uses, sells and/or offers to sell at least one media node disposable within said wireless range, said 

media node including a portable device being detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide ("media node") is portable device which employs the Bluetooth network ("interactive 

computer network") to pair with the mySugr app which is installed on the user's smartphone. The smartphone, on which

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 170 of 280 PageID #:

203
Exhibit 3 to the Complaint.

171

portable device 

being

detectable by 

said at least one 

media terminal,

the mySugr app is installed, detects the Accu-Chek Guides which is within its Bluetooth range. It would be apparent to 

a person of ordinary skill in the art that at least one media node disposable within the wireless range.

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 171 of 280 PageID #:

204
Exhibit 3 to the Complaint.

172

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70 

(annotated)

media 

node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 172 of 280 PageID #:

205
Exhibit 3 to the Complaint.

173

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 173 of 280 PageID #:

206
Exhibit 3 to the Complaint.

174

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 174 of 280 PageID #:

207
Exhibit 3 to the Complaint.

175

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 175 of 280 PageID #:

208
Exhibit 3 to the Complaint.

176

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 176 of 280 PageID #:

209
Exhibit 3 to the Complaint.

177

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 177 of 280 PageID #:

210
Exhibit 3 to the Complaint.

178

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.4] at least 

one digital 

media file 

disposed on at 

least one of

Company makes, uses, sells and/or offers to sell at least one digital media file initially disposed on at least one of said at 

least one media terminal or said at least one media node, said at least one media terminal structured to detect said at least

one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 178 of 280 PageID #:

211
Exhibit 3 to the Complaint.

179

said at least one 

media terminal 

or said at least 

one media

node, said at 

least one media 

terminal 

structured to

detect said at 

least one media 

node,

For example, the Accu-Chek Guide blood glucose meter is used to measures the blood sugar levels (“digital media file”). 

These measured blood sugar levels are saved in the Accu-Chek Guide meter (“digital media filedisposed on at least one 

of said at least one media terminal or said media node”). The mySugr app installed in the user’s smartphone detects (“at 

least one media terminal structured to detect said at least one media node”) the Accu-Chek Guide meter through 

Bluetooth and establishes a connection (gets paired).

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 179 of 280 PageID #:

212
Exhibit 3 to the Complaint.

180

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 180 of 280 PageID #:

213
Exhibit 3 to the Complaint.

181

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 181 of 280 PageID #:

214
Exhibit 3 to the Complaint.

182

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 182 of 280 PageID #:

215
Exhibit 3 to the Complaint.

183

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.5] a 

communication 

link structured 

to dispose said 

at least one

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said interactive computer 

network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 183 of 280 PageID #:

216
Exhibit 3 to the Complaint.

184

media terminal 

and said at least 

one media node 

in a

communicative 

relation with 

one another via 

said inter

active computer 

network, 

For example, mySugr app installed on the user’s smartphone and Accu-Chek Guide establishes a connection through 

Bluetooth pairing. This process creates a Bluetooth channel (“communication link structured to dispose”) between AccuChek Guide meter and mySugr app for the transfer of the measured blood sugar levels (“a communicative relation with 

one another via said interactive computer network”). 

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 184 of 280 PageID #:

217
Exhibit 3 to the Complaint.

185

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 185 of 280 PageID #:

218
Exhibit 3 to the Complaint.

186

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 186 of 280 PageID #:

219
Exhibit 3 to the Complaint.

187

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 187 of 280 PageID #:

220
Exhibit 3 to the Complaint.

188

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 188 of 280 PageID #:

221
Exhibit 3 to the Complaint.

189

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 189 of 280 PageID #:

222
Exhibit 3 to the Complaint.

190

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 190 of 280 PageID #:

223
Exhibit 3 to the Complaint.

191

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 191 of 280 PageID #:

224
Exhibit 3 to the Complaint.

192

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.6] said 

communication 

link being 

initiated by said 

at least one

media terminal,

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the mySugr app, installed on the smartphone, initiates Bluetooth pairing to establish the communication 

channel with the Accu-Chek Guide.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 192 of 280 PageID #:

225
Exhibit 3 to the Complaint.

193

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 193 of 280 PageID #:

226
Exhibit 3 to the Complaint.

194

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 194 of 280 PageID #:

227
Exhibit 3 to the Complaint.

195

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 195 of 280 PageID #:

228
Exhibit 3 to the Complaint.

196

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 196 of 280 PageID #:

229
Exhibit 3 to the Complaint.

197

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 197 of 280 PageID #:

230
Exhibit 3 to the Complaint.

198

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 198 of 280 PageID #:

231
Exhibit 3 to the Complaint.

199

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.7] said at 

least one digital 

media file 

structured to be 

selectively 

transmitted 

between said at 

Defendant makes, uses, sells and/or offers to sellsaid at least one digital media file structured to be selectively transmitted 

between said at least one media node and said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 199 of 280 PageID #:

232
Exhibit 3 to the Complaint.

200

least one media 

node

and said at least 

one media 

terminal, 

wherein

For example, after establishing a Bluetooth channel between the mySugr app installed on the user’s smartphone and the 

Accu-Chek Guide, the Accu-Chek Guide (“media node") sends the measured blood sugar levels (“at least one digital 

media file”) to the mySugr app installed on the user’s smartphone (“media terminal”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 200 of 280 PageID #:

233
Exhibit 3 to the Complaint.

201

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 201 of 280 PageID #:

234
Exhibit 3 to the Complaint.

202

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40 (annotated)

media node

transmits digital 

media file to 

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 202 of 280 PageID #:

235
Exhibit 3 to the Complaint.

203

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[21.8] said 

communication 

link is 

structured to 

bypass at least 

one

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one media 

terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

The Accu-Chek Guide meter and the mySugr app do not require users to input a PIN (“security measure”) every time 

they communicate. Instead, the PIN input is necessary during the initial pairing process, and thereafter, the devices 

media node

transmits digital 

media file

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 203 of 280 PageID #:

236
Exhibit 3 to the Complaint.

204

media terminal 

security 

measure.

automatically exchange data without requiring users to re-enter the PIN (“bypass at least one media terminal security 

measure”). Therefore, upon information and belief, the Bluetooth channel created between Accu-Chek Guide meter and 

mySugr app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 204 of 280 PageID #:

237
Exhibit 3 to the Complaint.

205

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 205 of 280 PageID #:

238
Exhibit 3 to the Complaint.

206

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 206 of 280 PageID #:

239
Exhibit 3 to the Complaint.

207

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 207 of 280 PageID #:

240
Exhibit 3 to the Complaint.

208

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 208 of 280 PageID #:

241
Exhibit 3 to the Complaint.

209

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 209 of 280 PageID #:

242
Exhibit 3 to the Complaint.

210

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 210 of 280 PageID #:

243
Exhibit 3 to the Complaint.

211

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by Defendant.

[22] The digital 

media 

communication 

protocol recited 

in

claim 21 

wherein

Company makes, uses, sells and/or offers to sell said communication link is structured to bypass at least one

wireless range security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

The Accu-Chek Guide meter and the mySugr app do not require users to input a PIN (“security measure”) every time 

they communicate. Instead, the PIN input is necessary during the initial pairing process, and thereafter, the devices 

automatically exchange data without requiring users to re-enter the PIN (“bypass at least one wireless range security 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 211 of 280 PageID #:

244
Exhibit 3 to the Complaint.

212

said 

communication 

link is 

structured to 

bypass at least 

one

wireless range 

security 

measure. 

measure”). Therefore, upon information and belief, the Bluetooth channel created between Accu-Chek Guide meter and 

mySugr app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 212 of 280 PageID #:

245
Exhibit 3 to the Complaint.

213

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 213 of 280 PageID #:

246
Exhibit 3 to the Complaint.

214

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 214 of 280 PageID #:

247
Exhibit 3 to the Complaint.

215

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 215 of 280 PageID #:

248
Exhibit 3 to the Complaint.

216

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 216 of 280 PageID #:

249
Exhibit 3 to the Complaint.

217

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 217 of 280 PageID #:

250
Exhibit 3 to the Complaint.

218

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 218 of 280 PageID #:

251
Exhibit 3 to the Complaint.

219

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by Defendant.

[23.P] A digital 

media 

communication 

protocol, 

comprising:

Roche Diagnostics Corporation (“Company”) makes, uses, sells and/or offers to sell a digital media communication 

protocol.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, Company provides Accu-Chek Guide, a blood glucose meter designed to measure blood sugar levels. It 

transmits the measured blood sugar levels to a mySugr app, installed on the user's smartphone, using Bluetooth wireless 

technology ("digital media communication protocol").

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 219 of 280 PageID #:

252
Exhibit 3 to the Complaint.

220

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 220 of 280 PageID #:

253
Exhibit 3 to the Complaint.

221

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 221 of 280 PageID #:

254
Exhibit 3 to the Complaint.

222

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 222 of 280 PageID #:

255
Exhibit 3 to the Complaint.

223

Source: https://www.mysugr.com/en-us/

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 223 of 280 PageID #:

256
Exhibit 3 to the Complaint.

224

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 224 of 280 PageID #:

257
Exhibit 3 to the Complaint.

225

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 225 of 280 PageID #:

258
Exhibit 3 to the Complaint.

226

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 226 of 280 PageID #:

259
Exhibit 3 to the Complaint.

227

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 227 of 280 PageID #:

260
Exhibit 3 to the Complaint.

228

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 228 of 280 PageID #:

261
Exhibit 3 to the Complaint.

229

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.1] at least 

one media 

terminal 

disposed in an 

accessible 

relation to at 

least one 

Company makes, uses, sells and/or offers to sell at least one media terminal disposed in an accessible relation to at least

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide transmits the blood sugar levels to the mySugr app, installed on the user's smartphone 

("media terminal"), using Bluetooth network ("interactive computer network"). Since, the smartphone communicates 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 229 of 280 PageID #:

262
Exhibit 3 to the Complaint.

230

interactive 

computer 

network,

and sends data to the Accu-Chek Guide using Bluetooth, it is apparent for a person having ordinary skills in the art that, 

the media terminal is disposed in an accessible relation with the Accu-Chek Guide using Bluetooth network.

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2 (annotated)

media 

terminal

interactive 

computer 

network

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 230 of 280 PageID #:

263
Exhibit 3 to the Complaint.

231

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

interactive 

computer 

network

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 231 of 280 PageID #:

264
Exhibit 3 to the Complaint.

232

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 232 of 280 PageID #:

265
Exhibit 3 to the Complaint.

233

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 233 of 280 PageID #:

266
Exhibit 3 to the Complaint.

234

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 234 of 280 PageID #:

267
Exhibit 3 to the Complaint.

235

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 235 of 280 PageID #:

268
Exhibit 3 to the Complaint.

236

Source: https://play.google.com/store/apps/details?id=com.mysugr.android.companion

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.2] a wireless 

range structured 

to permit 

authorized 

access to

said at least one 

interactive 

computer 

network,

Company makes, uses, sells and/or offers to sell a wireless range structured to permit authorized access to said at least 

one interactive computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide and the smartphone, on which the mySugr app is installed, are paired with each other 

using the Bluetooth network (“interactive computer network”). This network facilitates the pairing of the smartphone 

and the Accu-Chek Guide when they are within Bluetooth range of each other. To complete the Bluetooth pairing, the 

user is required to input the PIN (“authorized access”) of the Accu-Chek Guide into the mySugr app. It would be apparent 

to a person of ordinary skill in the art that wireless range structured to permit authorized access to at least one interactive 

computer network.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 236 of 280 PageID #:

269
Exhibit 3 to the Complaint.

237

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 237 of 280 PageID #:

270
Exhibit 3 to the Complaint.

238

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 238 of 280 PageID #:

271
Exhibit 3 to the Complaint.

239

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 239 of 280 PageID #:

272
Exhibit 3 to the Complaint.

240

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 240 of 280 PageID #:

273
Exhibit 3 to the Complaint.

241

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 241 of 280 PageID #:

274
Exhibit 3 to the Complaint.

242

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29 (annotated)

authorized 

access

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 242 of 280 PageID #:

275
Exhibit 3 to the Complaint.

243

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 243 of 280 PageID #:

276
Exhibit 3 to the Complaint.

244

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant’s software source code, Plaintiff shall 

supplement these contentions pursuant to the production of such source code by the Defendant.

[23.3] at least 

one media node 

disposed within 

said wireless

range, wherein 

said at least one 

Company makes, uses, sells and/or offers to sell at least one media node disposed within said wireless range, wherein 

said at least one media node is detectable by said at least one media terminal.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the Accu-Chek Guide ("media node") is portable device which employs the Bluetooth network ("interactive 

computer network") to pair with the mySugr app which is installed on the user's smartphone. The Accu-Chek Guide is 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 244 of 280 PageID #:

277
Exhibit 3 to the Complaint.

245

media node is 

detectable

by said at least 

one media 

terminal,

within the Bluetooth range of the smartphone where the mySugr app is installed. The smartphone, on which the mySugr 

app is installed, detects the Accu-Chek Guides which are within its Bluetooth range. It would be apparent to a person of 

ordinary skill in the art that at least one media node disposable within the wireless range.

Source: https://www.accu-chek.com/products/mysugr (annotated)

media node

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 245 of 280 PageID #:

278
Exhibit 3 to the Complaint.

246

Source: https://www.accu-chek.com/products/meters/guide

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70 

(annotated)

media 

node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 246 of 280 PageID #:

279
Exhibit 3 to the Complaint.

247

Source: https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download, Page 1 of 2

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 247 of 280 PageID #:

280
Exhibit 3 to the Complaint.

248

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 248 of 280 PageID #:

281
Exhibit 3 to the Complaint.

249

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:17 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 249 of 280 PageID #:

282
Exhibit 3 to the Complaint.

250

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 250 of 280 PageID #:

283
Exhibit 3 to the Complaint.

251

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

media 

terminal

media node is 

detectable

by the media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 251 of 280 PageID #:

284
Exhibit 3 to the Complaint.

252

Source: https://www.accu-chek.com/support/products/guide

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.4] at least 

one digital 

media file 

disposed on said 

at least one

Company makes, uses, sells and/or offers to sell at least one digital media file disposed on said at least one media node, 

said at least one media terminal being structured to detect said at least one media node.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 252 of 280 PageID #:

285
Exhibit 3 to the Complaint.

253

media node, 

said at least one 

media terminal 

being structured 

to detect said at 

least one media 

node,

For example, the Accu-Chek Guide blood glucose meter is used to measures the blood sugar levels (“digital media file”). 

These measured blood sugar levels are saved in the Accu-Chek Guide meter (“digital media file disposed on said at least 

one media node”). The mySugr app installed in the user’s smartphone detects (“at least one media terminal being 

structured to detect said at least one media node”) the Accu-Chek Guide meter through Bluetooth and establishes a 

connection (gets paired).

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 2 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 253 of 280 PageID #:

286
Exhibit 3 to the Complaint.

254

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 254 of 280 PageID #:

287
Exhibit 3 to the Complaint.

255

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 255 of 280 PageID #:

288
Exhibit 3 to the Complaint.

256

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19 (annotated)

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 256 of 280 PageID #:

289
Exhibit 3 to the Complaint.

257

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:25 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.5] a 

communication 

link structured 

to dispose said 

at least one

Company makes, uses, sells and/or offers to sell a communication link structured to dispose said at least one media 

terminal and said at least one media node in a communicative relation with one another via said at least one interactive 

computer network.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

media 

terminal

media terminal 

structured to detect 

said at least

one media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 257 of 280 PageID #:

290
Exhibit 3 to the Complaint.

258

media terminal 

and said at least 

one media node 

in a

communicative 

relation with 

one another via 

said at least

one interactive 

computer 

network,

For example, mySugr app installed on the user’s smartphone and Accu-Chek Guide establishes a connection through 

Bluetooth pairing. This process creates a Bluetooth channel (“communication link structured to dispose”) between AccuChek Guide meter and mySugr app for the transfer of the measured blood sugar levels (“a communicative relation with 

one another via said interactive computer network”). 

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 258 of 280 PageID #:

291
Exhibit 3 to the Complaint.

259

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 259 of 280 PageID #:

292
Exhibit 3 to the Complaint.

260

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 260 of 280 PageID #:

293
Exhibit 3 to the Complaint.

261

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 261 of 280 PageID #:

294
Exhibit 3 to the Complaint.

262

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17 (annotated)

media 

terminal

media node

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 262 of 280 PageID #:

295
Exhibit 3 to the Complaint.

263

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 263 of 280 PageID #:

296
Exhibit 3 to the Complaint.

264

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 264 of 280 PageID #:

297
Exhibit 3 to the Complaint.

265

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 265 of 280 PageID #:

298
Exhibit 3 to the Complaint.

266

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.6] said 

communication 

link being 

initiated by said 

at least one

media terminal 

and structured 

Company makes, uses, sells and/or offers to sell said communication link being initiated by said at least one media 

terminal and structured to bypass at least one media terminal security measure.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

For example, the mySugr app, installed on the smartphone, initiates Bluetooth pairing to establish the communication 

channel with the Accu-Chek Guide. The Accu-Chek Guide meter and the mySugr app do not require users to input a 

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 266 of 280 PageID #:

299
Exhibit 3 to the Complaint.

267

to bypass at 

least one

media terminal 

security 

measure,

PIN (“security measure”) every time they communicate. Instead, the PIN input is necessary during the initial pairing 

process, and thereafter, the devices automatically exchange data without requiring users to re-enter the PIN (“bypass at 

least one media terminal security measure”). Therefore, upon information and belief, the Bluetooth channel created 

between Accu-Chek Guide meter and mySugr app bypasses the security measure.

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 267 of 280 PageID #:

300
Exhibit 3 to the Complaint.

268

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 268 of 280 PageID #:

301
Exhibit 3 to the Complaint.

269

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 269 of 280 PageID #:

302
Exhibit 3 to the Complaint.

270

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:07, 0:09 (annotated)

media 

terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 270 of 280 PageID #:

303
Exhibit 3 to the Complaint.

271

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:12, 0:17

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 271 of 280 PageID #:

304
Exhibit 3 to the Complaint.

272

 

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:19, 0:25

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 272 of 280 PageID #:

305
Exhibit 3 to the Complaint.

273

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:26, 0:29

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 273 of 280 PageID #:

306
Exhibit 3 to the Complaint.

274

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 274 of 280 PageID #:

307
Exhibit 3 to the Complaint.

275

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

[23.7] said 

media node 

structured to 

transmit said at 

least one

digital media 

file to said 

Company makes, uses, sells and/or offers to sell said media node structured to transmit said at least one digital media 

file to said media terminal via said communication link.

This element is infringed literally, or in the alternative, under the doctrine of equivalents.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 275 of 280 PageID #:

308
Exhibit 3 to the Complaint.

276

media terminal 

via said 

communication 

link.

For example, after establishing a Bluetooth channel between the mySugr app installed on the user’s smartphone and the 

Accu-Chek Guide, the Accu-Chek Guide (“media node") sends the measured blood sugar levels (“at least one digital 

media file”) to the mySugr app installed on the user’s smartphone (“media terminal”).

Source: https://www.accu-chek.com/products/meters/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 276 of 280 PageID #:

309
Exhibit 3 to the Complaint.

277

Source: https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, Page 63 of 70

Source: https://www.accu-chek.com/support/products/guide

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 277 of 280 PageID #:

310
Exhibit 3 to the Complaint.

278

 Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:38, 0:40 (annotated)

media node

transmits digital 

media file to 

media terminal

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 278 of 280 PageID #:

311
Exhibit 3 to the Complaint.

279

Source: https://www.youtube-nocookie.com/embed/EByD_P5-j0g, at 0:43 (annotated)

Further, to the extent this element is performed at least in part by Defendant's software source code, Plaintiff shall 

supplement these contentions pursuant to production of such source code by the Defendant.

media node

transmits digital 

media file

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 279 of 280 PageID #:

312
Exhibit 3 to the Complaint.

280

2. List of References

1. https://www.accu-chek.com/products/meters/guide, last accessed on November 16, 2023. 

2. https://www.youtube-nocookie.com/embed/EByD_P5-j0g, last accessed on November 16, 2023.

3. https://www.accu-chek.com/products/mysugr, last accessed on November 16, 2023.

4. https://www.accu-chek.com/support/products/guide, last accessed on November 16, 2023.

5. https://www.accu-chek.com/document/accu-chek-guide-quick-start-guide-2/download , last accessed on November 16, 2023.

6. https://www.accu-chek.com/document/accu-chek-guide-meter-manual-english/download, last accessed on November 16, 2023.

Case 2:23-cv-00585-JRG-RSP Document 1-3 Filed 12/11/23 Page 280 of 280 PageID #:

313