`DISTRICT OF MASSACHUSETTS
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`Civil Action No. 16-cv-10420-IT
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`CONFORMIS, INC.,
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`Plaintiff,
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`v.
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`SMITH & NEWPHEW, INC.,
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`Defendant.
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`SMITH & NEPHEW, INC., and
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`KINAMED, INC.,
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`Counterplaintiffs,
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`v.
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`CONFOMIS, INC.,
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`Counterdefendant.
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`ORDER
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`May 4, 2017
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`TALWANI, D.J.
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`Defendant and Counterplaintiff Smith & Nephew, Inc. (“Smith & Nephew”) filed a
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`Motion to Stay Pending Inter Partes Review [#91]. After several rounds of briefing, and after the
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`Patent Trial & Appeals Board (“PTAB”) instituted inter partes review (“IPR”) of all claims in
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`the ‘953 patent, the court granted Smith & Nephew’s request for oral argument, and temporarily
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`stayed the case pending the court’s decision on the Motion to Stay Pending Inter Partes Review
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`[#91]. Order [#126].
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`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`Fitbit, Inc. Ex. 1030 Page 0001
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`After hearing argument from the parties, and in view of the factors regarding whether to
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`grant a stay, see Murata Mach. USA v. Daifuku Co., 830 F.3d 1357, 1361 (Fed. Cir. 2016), the
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`court hereby ORDERS that:
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`1. The temporary stay will remain in effect while the PTAB considers whether to institute
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`IPR on the ‘129 and ‘169 patents, and until further order of this court.
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`2. The parties shall file by the close of business on May 10, 2017, a joint proposed schedule
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`for the completion of discovery, including production of electronically stored
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`information (“ESI”) and financial disclosures, once the stay is lifted.
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`IT IS SO ORDERED.
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`Date: May 4, 2017
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`/s/ Indira Talwani
`United States District Judge
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`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`Fitbit, Inc. Ex. 1030 Page 0002
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`2
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