IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELA WARE
`
`BLACKBIRD TECH LLC d/b/a
`BLACKBIRD TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`FITBIT, INC.,
`
`Defendant.
`
`BLACKBIRD TECH LLC d/b/a
`BLACK.BIRD TECHNOLOGIES,
`
`Plaintiff,
`
`V.
`
`TIMEX GROUP USA, INC.
`
`Defendant.
`
`C.A. No. 1: 16-cv-00683-GMS
`LEAD CASE
`
`C.A. No. 1: 16-cv-00686-GMS
`CONSOLIDATED
`
`PROPOSED CONSTRUCTIONS
`OF TIMEX GROUP USA, INC.
`
`In accordance with the Court's Scheduling Order, the Defendant, Timex Group USA, Inc.
`
`("Timex") hereby submits its proposed constructions for the claim terms, phrases and clauses
`
`from the asserted claims of United States Patent No. 6,175,608 (the "608 Patent") and United
`
`States Patent No. 6,434,212 (the "212 Patent"), which the parties previously identified as
`
`potentially requiring construction by the Court. Timex' s proposed constructions for the 608
`
`Patent are attached as Exhibit A and its proposed constructions for the 212 Patent are attached as
`
`Exhibit B.
`
`Timex reserves the right to amend these constructions in view of BlackBird's proposed
`
`constructions and during the meet and confer process.
`
`1
`
`
`FOR THE DISTRICT OF DELA WARE
`
`BLACKBIRD TECH LLC d/b/a
`BLACKBIRD TECHNOLOGIES,
`
`Plaintiff,
`
`v.
`
`FITBIT, INC.,
`
`Defendant.
`
`BLACKBIRD TECH LLC d/b/a
`BLACK.BIRD TECHNOLOGIES,
`
`Plaintiff,
`
`V.
`
`TIMEX GROUP USA, INC.
`
`Defendant.
`
`C.A. No. 1: 16-cv-00683-GMS
`LEAD CASE
`
`C.A. No. 1: 16-cv-00686-GMS
`CONSOLIDATED
`
`PROPOSED CONSTRUCTIONS
`OF TIMEX GROUP USA, INC.
`
`In accordance with the Court's Scheduling Order, the Defendant, Timex Group USA, Inc.
`
`("Timex") hereby submits its proposed constructions for the claim terms, phrases and clauses
`
`from the asserted claims of United States Patent No. 6,175,608 (the "608 Patent") and United
`
`States Patent No. 6,434,212 (the "212 Patent"), which the parties previously identified as
`
`potentially requiring construction by the Court. Timex' s proposed constructions for the 608
`
`Patent are attached as Exhibit A and its proposed constructions for the 212 Patent are attached as
`
`Exhibit B.
`
`Timex reserves the right to amend these constructions in view of BlackBird's proposed
`
`constructions and during the meet and confer process.
`
`1
`
`
`
`Dated: August 16, 2017
`
`Isl John R. Horvack Jr.
`John R. Horvack, Jr. (pro hac vice)
`CARMODY TORRANCE SANDAK &
`HENNESSEY LLP
`195 Church Street, 18th Floor
`New Haven, CT 06509
`(203) 777-5501
`jhorvack@camodylaw.com
`
`John W. Shaw (No. 3362)
`Jeffrey T. Castellano (No. 4837)
`Andrew E. Russell (No. 5382)
`SHAW KELLER LLP
`300 Delaware Ave., Suite 1120
`Wilmington, DE 19801
`(302) 298-0700
`jshaw@shawkeller.com
`jcastellano@shawkeller.com
`arussell@shawkeller.com
`
`Attorneys for Defendant
`Timex Group USA, Inc.
`
`2
`
`2
`
`
`
`CERTIFICATION OF SERVICE
`
`
`
`This is to certify that a copy of the foregoing was sent via email on the 161h day of
`
`August, 2017, to the following counsel of record:
`
`Stamatios Stamoulis
`Richard C. Weinblatt
`Stamoulis & Weinblatt LLC
`Two Fox Point Centre
`6 Denny Road, Suite 307
`Wilmington, DE 19809
`(302) 999-1540
`stamoulis@swdelaw.com
`weinblatt@swdelaw.com
`
`Wendy Verlander
`Christopher Freeman
`David Gerasimow
`Blackbird Technologies
`One Boston Place, Suite 2600
`Boston, MA 02108
`(617) 307-7100
`wverlander@blackbird-tech.com
`cfreeman@bJackbird-tech.com
`dgerasimow@blackbird-tech.com
`
`Attorneys for Plaintiff Blackbird Tech LLC
`dlb/a Blackbird Technologies
`
`Chad M. Shandler
`Richards, Layton & Finger, PA
`One Rodney Square, Suite 600
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7836
`shandler@rlf.com
`
`Attorneys for Defendant Wahoo Fitness LLC
`
`Jack B. Blumenfeld
`Michael J. Flynn
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`mflynn@mnat.com
`
`Attorneys for Defendant Fitbit, Inc.
`
`Larry R. Wood, Jr.
`Adam V. Orlacchio
`Craig N. Haring
`David E. Anderson
`Blank Rome LLP
`1201 N. Market Street, Suite 800
`Wilmington, DE 19801
`302-425-6400
`l wood@blankrome.com
`orlacchio@blankrome.com
`charing@blankrome.com
`deanderson@blankrome.com
`
`Attorneys for Defendant TomTom, Inc.
`
`Rodger D. Smith
`Morris, Nichols, Arsht & Tunnell LLP
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`rsmith@mnat.com
`
`Attorneys for Sony Mobile Communications
`(USA), Inc.
`
`3
`
`3
`
`
`
`Kenneth L. Dorsney
`Morris James LLP
`500 Delaware Ave., Suite 1500
`Wilmington, DE 19801
`(302) 888-6800
`kdorsney@morrisjames.com
`
`Adam P. Seitz
`Eric A. Buresh
`Jason R. Mudd
`Erise IP, P.A.
`6201 College Blvd., Suite 300
`Overland Park, KS 66211
`(913) 777-5600
`adam.seitz@eriseip.com
`eric.buresh@eriseip.com
`jason.mudd @eriseip.com
`
`Paul R. Hart
`Erise IP, P.A.
`5600 Greenwood Plaza Blvd., Suite 200
`Greenwood Village, CO 80111
`(913) 777-5601
`paul. hart @erisei p .com
`
`Attorneys for Garmin International, Inc. and
`Garmin USA, Inc.
`
`Isl John R. Horvack, Jr.
`John R. Horvack, Jr. (pro hac vice)
`Carmody Torrance Sandak &
`Hennessey LLP
`
`Attorneys for Defendant
`Timex Group USA, Inc.
`
`4
`
`4
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`5
`
`
`
`Element of Claims 5 and 11
`of the 608 Patent
`
`Timex's Progosed Construction
`
`step counter
`
`transmitter
`
`receiver
`
`A device mounted to the chest, waist, or leg that counts
`the number of steps a user takes
`
`A device housed with the step counter that communicates
`a step count signal to a separate receiver
`
`A wrist-mounted device that receives a step count signal
`from a separately housed transmitter
`
`stride rate
`
`Steps per unit of time
`
`from a plurality of walks or
`runs each over a known
`distance
`
`actual stride rate
`
`actual stride length
`
`Calibration samples that include at least a normal pace
`sample, a faster than normal pace sample and a slower
`than normal pace sample, which produce input data used
`by an algorithm to generate a range of corresponding
`stride rates and stride lengths
`
`The user's stride rate determined from the step count
`signals generated during subsequent walks or runs
`
`A value derived by comparing the user's actual stride rate
`with the range of corresponding stride rates and stride
`lengths that had been created by the algorithm using
`input data from the plurality of walks or runs each over a
`known distance
`
`{N5392730 }
`
`6
`
`
`
`EXHIBITB
`EXHIBIT B
`
`7
`
`
`
`Element of Claim 6 of the
`212 Patent
`
`Timex's Prouosed Construction
`
`step counter
`
`transmitter
`
`receiver
`
`A device mounted to the chest, waist, or leg that counts the
`number of steps a user takes
`
`A device housed with the step counter that communicates a
`step count signal to a separate receiver
`
`A wrist-mounted device that receives a step count signal
`from a separately housed transmitter
`
`stride rate
`
`Steps per unit of time
`
`stride length that varies
`according to a rate at which
`steps are taken
`
`A stride length that adjusts according to the user's stride
`rate determined from the step count signals generated
`during subsequent walks or runs
`
`actual stride length
`
`A value derived by comparing the user's stride rate during
`subsequent walks or runs with a range of stride lengths
`and corresponding stride rates that had been created by an
`algorithm using input data from calibration samples that
`include at least a normal pace sample, a faster than normal
`pace sample and a slower than normal pace sample
`
`from a range of stride
`lengths calculated from a
`range of corresponding
`stride rates
`
`The output of an algorithm that uses input data from
`calibration samples that include at least a normal pace
`sample, a faster than normal pace sample, and a slower
`than normal pace sample
`
`{N539273 1}
`
`8
`
`
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