`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`Plaintiff,
`
`Civil Action No.
`19-11586-FDS
`
`
`_______________________________________
`
`)
`PHILIPS NORTH AMERICA LLC,
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`
`)
`)
`)
`)
`)
`)
`)
`)
`Defendant.
`_______________________________________)
`
`
`
`
`v.
`
`
`FITBIT LLC,
`
`
`
`
`SAYLOR, C.J.
`
`ORDER ON RENEWED MOTION TO DISMISS
`AND ENTER FINAL JUDGMENT
`
`Plaintiff Philips North America has filed a Renewed Motion to Dismiss and Enter Final
`
`Judgment, which is unopposed by Defendant Fitbit, Inc.
`
`In light of the motion, and in accordance with the April 6, 2023 affirmance by the Federal
`
`Circuit of the PTAB’s Final Written Decision in IPR202-00783 finding all asserted claims of
`
`U.S. Patent No. 7,088,233 (the “’233 Patent”) unpatentable, the Court hereby dismisses with
`
`prejudice all claims of the ’233 Patent and dismisses without prejudice all counterclaims of the
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`’233 Patent.
`
`Furthermore, in light of the motion, and in accordance with this Court’s rulings at Docket
`
`Nos. 212, 401, and 414, the Court hereby enters final judgment of invalidity as to the asserted
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`claims of U.S. Patent No. 6,013,007 and invalidity as to the asserted claims of U.S. Patent No.
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`8,277,377 and dismisses without prejudice any counterclaims remaining in this matter.
`
`Plaintiff’s motion for leave to amend its infringement contentions is DENIED.
`
`
`
`Case 1:19-cv-11586-FDS Document 435 Filed 01/12/24 Page 2 of 2
`
`/s/ F. Dennis Saylor IV
`F. Dennis Saylor IV
`Chief Judge, United States District Court
`
`
`
`
`
`
`
`So Ordered.
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`
`
`
`Dated: January 12, 2024
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`2
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