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`IN THE UNITED STATES DISTRICT
`COURT FOR THE DISTRICT OF
`DELAWARE
`
`
`
`
`
`
`BLACKBIRD TECH LLC d/b/a
`BLACKBIRD TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`FITBIT, INC.
`
`Defendant.
`
`C.A. No. 1:16-cv-00683-GMS
`CONSOLIDATED
`
`PLAINTIFF BLACKBIRD TECH LLC'S
`PROPOSED CLAIM CONSTRUCTIONS
`
`Pursuant to the Scheduling Order, Plaintiff Blackbird Tech LLC d/b/a Blackbird
`
`Technologies (“Blackbird”) hereby serves its proposed constructions for following terms in U.S.
`
`Patent Nos. 6,434,212 (the “212 Patent”) and 6,175,608 (the “’608 Patent) that it or Defendants
`
`identified as requiring construction:
`
`I.
`
`Terms Proposed by Blackbird, or both Blackbird and Defendants
`
`Claim(s)
`‘212 Patent claim
`2, 5, and 6; ‘608
`Patent claim 5
`
`‘212 Patent claim
`2, 5, and 6; ‘608
`Patent claim 5
`
`Term
`“a step counter”
`
`Proposed Construction
`“a device that collects data to generate
`step count”
`
`“stride rate” (‘212 Patent claim
`2, and ‘608 Patent claim 5); and
`“rate at which steps are counted”
`(‘212 Patent claims 5 and 6)
`
`
`“number of steps over a time period”
`
`
`
`
`
`
`
`
`
`-1-
`
`FITBIT, Ex. 1009
`Page 1
`
`
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`
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`II.
`
`Terms Proposed by Defendants
`
`Term
`“a plurality of calibrations that each
`calculate a stride length as a function
`of a known stride rate” (‘212 Patent
`claim 2) “a range of stride lengths
`calculated from a range of
`corresponding stride rates calculated
`from a plurality of calibration
`samples” (‘212 Patent claim 5) “from
`a range of stride lengths calculated
`from a range of corresponding stride
`rates” (‘212 Patent claim 6)
`
`“calculate”
`
`Proposed Construction
`“two or more calibrations that each
`generate a correspondence between
`stride rate and stride length” (‘212
`Patent claim 2)
`
`
`“a range of stride lengths that
`correspond to stride rates, the
`correspondence generated from two or
`more calibrations” (‘212 Patent claims
`5 and 6)
`
`plain and ordinary meaning; or
`“determine”
`
`Claim(s)
`‘212 Patent
`claims 2, 5,
`and 6
`
`‘212 Patent
`claim 2, 5,
`and 6; ‘608
`Patent claim 5
`‘212 Patent
`claim 6; ‘608
`Patent claim 5
`
`‘212 Patent
`claim 6; ‘608
`Patent claim 5
`‘212 Patent
`claim 6
`
`‘608 Patent
`claim 5
`
`“a transmitter [in communication with
`the step counter] to generate a step
`count signal corresponding to each
`step and transmit the step count
`signal”
`
`“a receiver”
`
`“a stride length that varies according
`to the rate at which steps are taken”
`(‘212 Patent claim 6); “…according to
`a stride rate” (‘212 Patent claim 2);
`“…according to a rate at which steps
`are counted” (‘212 Patent claim 5)
`
`“from a plurality of walks or runs each
`over a known distance
`
`plain and ordinary meaning
`
`plain and ordinary meaning
`
`plain and ordinary meaning
`
`plain and ordinary meaning; or “from
`two or more walks or runs, each walk
`or run over a known distance”
`
`“number of steps over the current time
`period”
`
`
`‘608 Patent
`claim 5
`
`“actual stride rate”
`
`
`-2-
`
`FITBIT, Ex. 1009
`Page 2
`
`
`
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` Blackbird Technologies reserves the right to amend these proposed constructions based on,
`
`without limitation, Defendants’ proposed constructions, any additional terms identified, the meet and
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`confer process with Defendants, and information obtained via discovery.
`
`
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`Dated: August 16, 2017
`
`OF COUNSEL
`
`Christopher Freeman
`cfreeman@blackbird-tech.com
`Wendy Verlander
`wverlander@blackbird-tech.com
`David Gerasimow
`dgerasimow@blackbird-tech.com
`Blackbird Tech LLC d/b/a
`Blackbird Technologies
`One Boston Place, Suite 2600
`Boston, MA 02108
`617.307.7100
`
`
`
`
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`
`
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`STAMOULIS & WEINBLATT LLC
`
`/s/ Stamatios Stamoulis
`Stamatios Stamoulis #4606
` stamoulis@swdelaw.com
`Richard C. Weinblatt #5080
` weinblatt@swdelaw.com
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`Telephone: (302) 999-1540
`
`Attorneys for Plaintiff
`Blackbird Tech LLC
`d/b/a Blackbird Technologies
`
`-3-
`
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`
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`FITBIT, Ex. 1009
`Page 3
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`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on August 16, 2017, I electronically served the forgoing document on all
`
`counsel of record in this action.
`
`/s/ Christopher Freeman
`Christopher Freeman
`
`
`
`
`
`
`-4-
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`FITBIT, Ex. 1009
`Page 4
`
`
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