Case: 1:19-cv-11586-IT As of: 08/26/2020 07:06 PM EDT 1 of 11
`
`United States District Court
`District of Massachusetts (Boston)
`CIVIL DOCKET FOR CASE #: 1:19−cv−11586−IT
`
`ADVISE,PATENT
`
`Philips North America LLC v. Fitbit, Inc.
`Assigned to: Judge Indira Talwani
`Cause: 15:1126 Patent Infringement
`
`Plaintiff
`Philips North America LLC
`
`Date Filed: 07/22/2019
`Jury Demand: Plaintiff
`Nature of Suit: 830 Patent
`Jurisdiction: Federal Question
`
`represented by Eley O Thompson
`Foley & Lardner LLP
`321 North Clark Street, Suite 2800
`Chicago, IL 60654
`312−832−4500
`Email: ethompson@foley.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Lucas I. Silva
`Foley & Lardner LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199
`617−342−4000
`Email: lsilva@foley.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199
`617−226−3148
`Email: jcuster@foley.com
`ATTORNEY TO BE NOTICED
`Michelle A. Moran
`Foley & Lardner LLP
`777 E. Wisconsin Avenue
`Milwaukee, WI 53202
`414−271−2400
`Fax: 414−297−4900
`Email: mmoran@foley.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Ruben J. Rodrigues
`Foley & Lardner LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199
`617−342−4000
`Fax: 617−342−4001
`Email: rrodrigues@foley.com
`ATTORNEY TO BE NOTICED
`
`V.
`Defendant
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
`
`Fitbit, Inc. Ex. 1052 Page 0001
`
`

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`Case: 1:19-cv-11586-IT As of: 08/26/2020 07:06 PM EDT 2 of 11
`
`Fitbit, Inc.
`
`represented by Andrew T. O'Connor
`Goulston & Storrs
`400 Atlantic Avenue
`Boston, MA 02110
`617−574−4153
`Email: aoconnor@goulstonstorrs.com
`ATTORNEY TO BE NOTICED
`Berkeley G. Fife
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`650−320−1879
`Email: berkeleyfife@paulhastings.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Chad J. Peterman
`Paul Hastings LLP
`200 Park Avenue
`New York, NY 10166
`212−318−6797
`Email: chadpeterman@paulhastings.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`David Beckwith
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`650−320−1882
`Email: davidbeckwith@paulhastings.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`David T. Okano
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94303
`650−320−1800
`Email: davidokano@paulhastings.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`Jennifer B Furey
`Goulston & Storrs
`400 Atlantic Avenue
`Boston, MA 02110
`617−737−3100
`Fax: 617−737−0374
`Email: jfurey@goulstonstorrs.com
`ATTORNEY TO BE NOTICED
`Yar R Chaikovsky
`Paul Hastings LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`650−320−1832
`Email: yarchaikovsky@paulhastings.com
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`# Docket Text
`Date Filed
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
`
`Fitbit, Inc. Ex. 1052 Page 0002
`
`

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`07/22/2019
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`07/22/2019
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`07/22/2019
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`07/28/2019
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`08/08/2019
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`08/12/2019
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`Case: 1:19-cv-11586-IT As of: 08/26/2020 07:06 PM EDT 3 of 11
`07/22/2019
`1 COMPLAINT For Patent Infringement against Fitbit, Inc. Filing fee: $ 400, receipt
`number 0101−7792833 (Fee Status: Filing Fee paid), filed by Philips North America
`LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5
`Civil Cover Sheet, # 6 Exhibit Category Form)(Silva, Lucas) (Attachment 5 replaced
`on 7/23/2019 to correct PDF formatting) (Kinsella, Devan). (Entered: 07/22/2019)
`2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR
`TRADEMARK. (Silva, Lucas) (Entered: 07/22/2019)
`3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case.
`If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate
`Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli,
`Chris) (Entered: 07/22/2019)
`4 Summons Issued as to Fitbit, Inc.. Counsel receiving this notice electronically
`should download this summons, complete one for each defendant and serve it in
`accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to
`plaintiff(s) not receiving notice electronically for completion of service. (Pacho,
`Arnold) (Entered: 07/22/2019)
`5 CORPORATE DISCLOSURE STATEMENT by Philips North America LLC. (Silva,
`Lucas) (Entered: 07/28/2019)
`6 MOTION for Leave to Appear Pro Hac Vice for admission of Eley O. Thompson
`Filing fee: $ 100, receipt number 0101−7823744 by Philips North America LLC.
`(Attachments: # 1 Affidavit Affidavit of Lucas Silva in Support of Motion For
`Admission of Counsel Pro Hac Vice, # 2 Affidavit Affidavit of Eley Thompson in
`Support of Motion For Admission of Counsel Pro Hac Vice, # 3 Exhibit 1)(Silva,
`Lucas) (Entered: 08/08/2019)
`7 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 6 Motion for
`Leave to Appear Pro Hac Vice Added Eley O. Thompson. Attorneys admitted Pro
`Hac Vice must register for electronic filing if the attorney does not already have
`an ECF account in this district. To register go to the Court website at
`www.mad.uscourts.gov. Select Case Information, then Electronic Filing
`(CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) (Entered:
`08/12/2019)
`8 NOTICE of Scheduling Conference: Scheduling Conference set for 11/4/2019 02:30
`PM in Courtroom 9 before Judge Indira Talwani. Counsel for the plaintiff(s) is
`responsible for ensuring that all parties and/or their attorneys who have not filed an
`answer or appearance with the court are notified of the date of the scheduling
`conference. (MacDonald, Gail) (Entered: 09/17/2019)
`9 MOTION for Extension of Time to November 22, 2019 to File Answer by Philips
`North America LLC.(Silva, Lucas) (Entered: 10/07/2019)
`10 Judge Indira Talwani: ELECTRONIC ORDER entered granting 9 Motion for
`Extension of Time to Answer re 1 Complaint, Fitbit, Inc. Response/Answer due
`11/22/2019. (MacDonald, Gail) (Entered: 10/09/2019)
`11 NOTICE Resetting a Hearing. Scheduling Conference set for 11/4/19 is RESET for
`12/2/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail)
`(Entered: 10/17/2019)
`12 NOTICE of Appearance by Jennifer B Furey on behalf of Fitbit, Inc. (Furey, Jennifer)
`(Entered: 11/06/2019)
`13 NOTICE of Appearance by Andrew T. O'Connor on behalf of Fitbit, Inc. (O'Connor,
`Andrew) (Entered: 11/06/2019)
`14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Yar
`Chaikovsky; David Beckwith; David Orano; Berkeley Fife; Chad Peterman Filing fee:
`$ 500, receipt number 0101−7959794 by Fitbit, Inc.. (Attachments: # 1 Exhibit A, # 2
`Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Furey, Jennifer) (Entered:
`11/06/2019)
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
`
`Fitbit, Inc. Ex. 1052 Page 0003
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`09/17/2019
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`10/07/2019
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`10/09/2019
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`10/17/2019
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`11/06/2019
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`11/06/2019
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`11/06/2019
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`11/07/2019
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`11/13/2019
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`11/13/2019
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`11/07/2019
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`11/06/2019
`15 CORPORATE DISCLOSURE STATEMENT by Fitbit, Inc.. (Furey, Jennifer)
`(Entered: 11/06/2019)
`16 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 14 Motion for
`Leave to Appear Pro Hac Vice Added Yar R. Chaikovsky, David Beckwith, David T.
`Okano, Berkeley F. Fife, and Chad Peterman. Attorneys admitted Pro Hac Vice
`must register for electronic filing if the attorney does not already have an ECF
`account in this district. To register go to the Court website at
`www.mad.uscourts.gov. Select Case Information, then Electronic Filing
`(CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) (Entered:
`11/07/2019)
`17 Joint MOTION for Leave to File Excess Pages and Enlargement of Time to Oppose
`Motion to Dismiss by Fitbit, Inc..(Furey, Jennifer) (Entered: 11/07/2019)
`18 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 17 Motion for
`Leave to File Excess Pages and Enlargement of Time to Oppose Motion to Dismiss;
`Counsel using the Electronic Case Filing System should now file the document for
`which leave to file has been granted in accordance with the CM/ECF Administrative
`Procedures. Counsel must include − Leave to file granted on (date of order)− in the
`caption of the document. (Kelly, Danielle) (Entered: 11/13/2019)
`19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit,
`Inc.'s Motion to Dismiss Plaintiff Philips North America LLC's Complaint Under Rule
`12(b)(6) by Fitbit, Inc.. (Attachments: # 1 Text of Proposed Order)(Chaikovsky, Yar)
`(Entered: 11/13/2019)
`20 MEMORANDUM in Support re 19 MOTION TO DISMISS FOR FAILURE TO
`STATE A CLAIM Defendant Fitbit, Inc.'s Motion to Dismiss Plaintiff Philips North
`America LLC's Complaint Under Rule 12(b)(6) filed by Fitbit, Inc.. (Chaikovsky, Yar)
`(Entered: 11/13/2019)
`21 AFFIDAVIT in Support re 19 MOTION TO DISMISS FOR FAILURE TO STATE A
`CLAIM Defendant Fitbit, Inc.'s Motion to Dismiss Plaintiff Philips North America
`LLC's Complaint Under Rule 12(b)(6) (Declaration of David Okano ISO Fitbit's
`Motion to Dismiss) filed by Fitbit, Inc.. (Attachments: # 1 Exhibit A)(Chaikovsky,
`Yar) (Entered: 11/13/2019)
`22 CERTIFICATION pursuant to Local Rule 16.1 Fitbit's Rule 16.1(d)(3) Certification.
`(Chaikovsky, Yar) (Entered: 11/22/2019)
`23 JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit Proposed
`Schedule)(Silva, Lucas) (Entered: 11/25/2019)
`24 CERTIFICATION pursuant to Local Rule 16.1 for Philips North America LLC. (Silva,
`Lucas) (Entered: 11/26/2019)
`25 AMENDED COMPLAINT For Patent Infringement against Fitbit, Inc., filed by
`Philips North America LLC.(Silva, Lucas) (Entered: 11/27/2019)
`26 NOTICE of Appearance by Ruben J. Rodrigues on behalf of Philips North America
`LLC (Rodrigues, Ruben) (Entered: 12/02/2019)
`31 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling
`Conference held on 12/2/2019. Case called. Motion to Dismiss ( 19 ) denied as moot.
`A new Motion to Dismiss may be filed next week. Initial Disclosures 1/10/20.
`Discovery begins 1/10/20. Parties are to serve, meet, and confer re: discovery. Next
`Scheduling Conference set for 3/24/2020 02:30 PM in Courtroom 9 before Judge
`Indira Talwani. Amendments to Pleadings 3/24/20. (Court Reporter: Lee Marzilli at
`leemarz@aol.com.) (Attorneys present: Thompson, Silva, Furey, Chaikovsky)
`(MacDonald, Gail) (Entered: 12/10/2019)
`27 Joint MOTION To Enlarge Page Limit and Time to Oppose re 25 Amended Complaint
`by Fitbit, Inc..(Beckwith, David) (Entered: 12/06/2019)
`28 TRANSCRIPT ORDER FORM by Fitbit, Inc. for proceedings held on 12/2/2019
`Judge Judge Indira Talwani.. (Chaikovsky, Yar) (Entered: 12/06/2019)
`Fitbit, Inc. Ex. 1052 Page 0004
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`11/13/2019
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`11/13/2019
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`11/22/2019
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`11/25/2019
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`11/26/2019
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`11/27/2019
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`12/02/2019
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`12/02/2019
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`12/06/2019
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`12/06/2019
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`12/09/2019
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`12/10/2019
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`12/10/2019
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`12/10/2019
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`12/10/2019
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`12/09/2019
`29 Transcript of Scheduling Conference held on December 2, 2019, before Judge Indira
`Talwani. The Transcript may be purchased through the Court Reporter, viewed at the
`public terminal, or viewed through PACER after it is released. Court Reporter Name
`and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due
`12/30/2019. Redacted Transcript Deadline set for 1/9/2020. Release of Transcript
`Restriction set for 3/9/2020. (Scalfani, Deborah) (Entered: 12/09/2019)
`30 NOTICE is hereby given that an official transcript of a proceeding has been filed by
`the court reporter in the above−captioned matter. Counsel are referred to the Court's
`Transcript Redaction Policy, available on the court website at
`http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)
`(Entered: 12/09/2019)
`32 Judge Indira Talwani: ELECTRONIC ORDER entered granting 27 Motion To Enlarge
`Page Limit and Time to Oppose re 25 Amended Complaint by Fitbit, Inc.
`(MacDonald, Gail) (Entered: 12/10/2019)
`33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit,
`Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's
`First Amended Complaint Under 35 U.S.C. Sect. 101 by Fitbit, Inc.. (Attachments: # 1
`Text of Proposed Order)(Chaikovsky, Yar) (Entered: 12/10/2019)
`34 MEMORANDUM in Support re 33 MOTION TO DISMISS FOR FAILURE TO
`STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss
`Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C.
`Sect. 101 filed by Fitbit, Inc.. (Chaikovsky, Yar) (Entered: 12/10/2019)
`35 AFFIDAVIT in Support re 33 MOTION TO DISMISS FOR FAILURE TO STATE A
`CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff
`Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101
`(Declaration of David Okano ISO Fitbit's Renewed Rule 12(b)(6) Motion to Dismiss)
`filed by Fitbit, Inc.. (Attachments: # 1 Exhibit A)(Chaikovsky, Yar) (Entered:
`12/10/2019)
`36 Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM
`Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips
`North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 filed by
`Philips North America LLC. (Silva, Lucas) (Entered: 12/31/2019)
`37 MOTION for Leave to File (Defendant's Motion for Leave to File a Reply Brief ISO
`Its Rule 12(b)(6) Motion to Dismiss the Amended Complaint) by Fitbit, Inc..
`(Attachments: # 1 Exhibit A − Defendant Fitbit Inc.'s Reply Brief ISO of Its Rule
`12(b)(6) Motion to Dismiss the Amended Complaint)(Chaikovsky, Yar) (Entered:
`01/14/2020)
`38 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING 37 Motion for Leave to
`File Document a Reply Brief ISO Its Rule 12(b)(6) Motion to Dismiss the Amended
`Complaint
`Counsel using the Electronic Case Filing System should now file the document for
`which leave to file has been granted in accordance with the CM/ECF Administrative
`Procedures. Counsel must include − Leave to file granted on (date of order)− in the
`caption of the document. (Kelly, Danielle) (Entered: 01/17/2020)
`39 REPLY to Response to 33 MOTION TO DISMISS FOR FAILURE TO STATE A
`CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff
`Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101
`(Defendant Fitbit Inc.'s Reply Brief In Support of Its Rule 12(b)(6) Motion to Dismiss
`the Amended Complaint) filed by Fitbit, Inc.. (Chaikovsky, Yar) (Entered: 01/17/2020)
`40 MOTION for Leave to File Sur−Reply in Support of Opposition to Defendant's Motion
`to Dismiss by Philips North America LLC. (Attachments: # 1 Exhibit 1 (Proposed
`Sur−Reply Brief))(Rodrigues, Ruben). Exhibit replaced to remove blank pages
`(Kelly, Danielle). (Entered: 02/03/2020)
`41 Judge Indira Talwani: Electronic order: Counsel shall confer and promptly file an
`updated Joint Statement regarding scheduling as discussed at the December 2, 2019,
`Scheduling Conference. (Kelly, Danielle) (Entered: 03/18/2020)
`Fitbit, Inc. Ex. 1052 Page 0005
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`01/17/2020
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`12/31/2019
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`01/14/2020
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`01/17/2020
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`02/03/2020
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`03/18/2020
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`03/19/2020
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`03/19/2020
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`03/19/2020
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`03/19/2020
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`03/20/2020
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`03/21/2020
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`03/23/2020
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`03/23/2020
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`Case: 1:19-cv-11586-IT As of: 08/26/2020 07:06 PM EDT 6 of 11
`42 DUPLICATE FILING. REFER TO 43 MOTION for Summary Judgment Fitbit,
`03/19/2020
`Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. § 112 by
`Fitbit, Inc..(Chaikovsky, Yar) Modified on 3/20/2020 (Kelly, Danielle). (Entered:
`03/19/2020)
`43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment
`of Invalidity Under 35 U.S.C. § 112 by Fitbit, Inc.(Chaikovsky, Yar) Modified on
`3/20/2020: Declaration and Exhibits removed to properly file in separate entry.
`Refer to 46 (Kelly, Danielle). (Entered: 03/19/2020)
`44 MEMORANDUM in Support re 43 MOTION for Summary Judgment Fitbit, Inc.'s
`Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. § 112 filed by
`Fitbit, Inc.. (Chaikovsky, Yar) (Entered: 03/19/2020)
`45 Statement of Material Facts L.R. 56.1 re 43 MOTION for Summary Judgment Fitbit,
`Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. § 112 filed
`by Fitbit, Inc.. (Chaikovsky, Yar) (Entered: 03/19/2020)
`46 Declaration of Yar Chaikovsky in Support re 43 MOTION for Summary Judgment
`Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. §
`112 filed by Fitbit, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)
`(Kelly, Danielle) (Entered: 03/20/2020)
`47 JOINT STATEMENT re scheduling conference . (Attachments: # 1 Exhibit
`1)(Rodrigues, Ruben) (Entered: 03/20/2020)
`48 Judge Indira Talwani: ELECTRONIC ORDER entered. In light of the coronavirus
`pandemic, the scheduling conference scheduled for March 24, 2020, will be held
`telephonically. (Talwani, Indira) (Entered: 03/21/2020)
`49 NOTICE re 48 Order. In re: the Scheduling Conf. set for 3/24/2020 at 2:30PM,
`Counsel are instructed to dial 888−808−6929 and enter Code: 8523158 to be
`connected to the court's teleconference system. (MacDonald, Gail) (Entered:
`03/23/2020)
`50 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING 40 Motion for
`Leave to File Sur−Reply in Support of Opposition to Defendant's Motion to Dismiss ;
`Counsel using the Electronic Case Filing System should now file the document for
`which leave to file has been granted in accordance with the CM/ECF Administrative
`Procedures. Counsel must include − Leave to file granted on (date of order)− in the
`caption of the document. (Kelly, Danielle) (Entered: 03/23/2020)
`51 SUR−REPLY to Motion re 33 MOTION TO DISMISS FOR FAILURE TO STATE A
`CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff
`Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 −
`Leave to file granted on March 23, 2020 filed by Philips North America LLC.
`(Attachments: # 1 Exhibit A)(Rodrigues, Ruben) (Entered: 03/23/2020)
`52 TRANSCRIPT ORDER FORM by Fitbit, Inc. for proceedings held on 3/24/2020
`Judge Judge Indira Talwani.. (Chaikovsky, Yar) (Entered: 03/24/2020)
`53 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling
`Conference held on 3/24/2020. Case called. Court held colloquy with counsel. Initial
`Disclosures all due, with documents on 4/14/2020; Motion to Amend 3/24/2020. Dates
`proposed by Plaintiff shall add 21 days to them all and they are adopted. Counsel shall
`meet and confer re: how to proceed with depositions and shall submit a joint proposal
`to the court. In re: to response to SJ, counsel shall confer re: claim construction issue.
`Scheduling Order to issue. (Court Reporter: Cheryl Dahlstrom at
`cheryldahlstrom@yahoo.com.)(Attorneys present: Thompson, Rodrigues, Beckwith,
`Furey, Chaikovsky) (MacDonald, Gail) (Entered: 03/25/2020)
`54 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached
`Order. (Kelly, Danielle) (Entered: 03/25/2020)
`55 NOTICE of Appearance by John Custer on behalf of Philips North America LLC
`(Custer, John) (Entered: 03/27/2020)
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
`
`Fitbit, Inc. Ex. 1052 Page 0006
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`03/23/2020
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`03/24/2020
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`03/24/2020
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`03/25/2020
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`03/27/2020
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`03/29/2020
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`03/31/2020
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`04/02/2020
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`04/03/2020
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`04/08/2020
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`03/29/2020
`56 Transcript of Scheduling Conference via Teleconference held on March 24, 2020,
`before Judge Indira Talwani. The Transcript may be purchased through the Court
`Reporter, viewed at the public terminal, or viewed through PACER after it is released.
`Court Reporter Name and Contact Information: Cheryl Dahlstrom at
`cheryldahlstrom@yahoo.com Redaction Request due 4/20/2020. Redacted Transcript
`Deadline set for 4/29/2020. Release of Transcript Restriction set for 6/29/2020.
`(Scalfani, Deborah) (Entered: 03/29/2020)
`57 NOTICE is hereby given that an official transcript of a proceeding has been filed by
`the court reporter in the above−captioned matter. Counsel are referred to the Court's
`Transcript Redaction Policy, available on the court website at
`http://www.mad.uscourts.gov/attorneys/general−info.htm (Scalfani, Deborah)
`(Entered: 03/29/2020)
`58 Joint Notice for Entry of Agreed Protective Order and Discovery Stipulation by Philips
`North America LLC. (Attachments: # 1 Text of Proposed Order Proposed Protective
`Order, # 2 Text of Proposed Order Stipulation on Discovery)(Rodrigues, Ruben)
`Modified on 4/2/2020: Corrected docket text to properly reflect filing. (Kelly,
`Danielle). (Entered: 03/31/2020)
`59 Judge Indira Talwani: ORDER entered. ORDER ADOPTING DISCOVERY
`STIPULATION AND MODIFIED PROTECTIVE. (Attachments: # 1 Stipulation on
`Discovery, # 2 Protective Order). (Kelly, Danielle) (Entered: 04/02/2020)
`60 STATUS REPORT Supplemental Joint Status Report by Fitbit, Inc.. (Attachments: # 1
`Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Chaikovsky, Yar) (Entered:
`04/03/2020)
`61 Judge Indira Talwani: Electronic Order: In light of the parties agreement that the court
`should prioritize ruling on Fitbits pending Motion to Dismiss 33 , Philips deadline to
`respond to Fitbits Motion for Partial Summary Judgment 43 is STAYED pending
`further court order. If the court denies Fitbits Motion to Dismiss 33 , the parties shall
`file a status report within seven days of the issuance of the order. The status report
`shall propose a briefing schedule for the Motion for Partial Summary Judgment 43 .
`The status report may adopt by reference the positions set forth in the Joint Status
`Report 60 if a partys position has not changed. Fitbits request to extend its deadline to
`complete patent−related disclosures contemplated by Local Rule 16.6(d)(1) and (4) to
`May 14, 2020, is allowed based on Fitbits representation that it will substantially
`comply with the current April 15, 2020 deadline with the limited exception of a small
`amount of source code.The court anticipates determining whether a hearing on the
`pending motion to dismiss is necessary in the upcoming weeks and will attempt to set
`the motion for hearing, if one is necessary, on the dates proposed by Fitbit.
`(MacDonald, Gail) (Entered: 04/08/2020)
`62 DOCUMENT FILED IN ERROR (Chaikovsky, Yar) Modified on 4/13/2020 (Kelly,
`Danielle). (Entered: 04/10/2020)
`63 MOTION for Leave to File Fitbit's Petition for Leave to Construe Additional Claim
`Terms by Fitbit, Inc.. (Attachments: # 1 Exhibit A)(Chaikovsky, Yar) (Entered:
`05/14/2020)
`64 Opposition re 63 MOTION for Leave to File Fitbit's Petition for Leave to Construe
`Additional Claim Terms filed by Philips North America LLC. (Rodrigues, Ruben)
`(Entered: 05/14/2020)
`65 Joint Claim Construction and Prehearing Statement by Philips North America LLC.
`(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rodrigues, Ruben) (Entered: 05/14/2020)
`66 MOTION for Leave to File Fitbit's Motion for Leave to Exceed Page Limit for Fitbit's
`Opening Claim Construction Brief by Fitbit, Inc..(Beckwith, David) (Entered:
`05/22/2020)
`67 Judge Indira Talwani: ELECTRONIC ORDER entered DENYING Defendant Fitbits
`63 Motion for Leave to Construe Additional Claim Terms and 66 Motion for Leave to
`Exceed Page Limit. Per the courts Scheduling Order 54 the parties shall brief up to 10
`terms. Fitbit may include none, some, or all of the means−plus−function terms towards
`this total. To the extent that Fitbit believes that additional construction is necessary,
`Fitbit may, at a later date, request a second round of briefing on terms not already
`Fitbit, Inc. Ex. 1052 Page 0007
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`05/14/2020
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`04/10/2020
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`before the court if Fitbit first establishes that the construction of the additional terms is
`in dispute and is material to invalidity or infringement of a claim. In light of this order,
`the Scheduling Order 54 is amended as follows. By May 26, 2020, counsel shall refile
`their Joint Claim Construction and Prehearing Statement in accordance with this order.
`Not later than June 5, 2020, the parties shall file opening claim−construction briefs.
`All other deadlines remain. (Talwani, Indira) (Entered: 05/22/2020)
`68 Joint Claim Construction and Prehearing Statement by Philips North America LLC.
`(Attachments: # 1 Exhibit A)(Rodrigues, Ruben) (Entered: 05/26/2020)
`69 Joint MOTION for Protective Order To Supplement the Protective Order by Philips
`North America LLC. (Attachments: # 1 Exhibit A)(Rodrigues, Ruben) (Entered:
`06/02/2020)
`70 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 69 Joint Motion for
`Protective Order To Supplement the Protective Order . (Kelly, Danielle) (Entered:
`06/03/2020)
`71 NOTICE Resetting a Hearing. Markman Hearing set for 8/6/2020, is RESET for
`8/5/2020 10:00 AM before Judge Indira Talwani.
`This hearing will be conducted by video conference. Counsel of record will receive a
`video conference invite at the email registered in CM/ECF. If you have technical or
`compatibility issues with the technology, please notify the session's courtroom deputy
`as soon as possible.
`Access to the hearing will be made available to the media and public. In order to gain
`access to the hearing, you must sign up at the following address:
`www.public.mad.uscourts.gov/seating−signup.html.
`For questions regarding access to hearings, you may refer to the Court's general orders
`and public notices available on www.mad.uscourts.gov or contact
`media@mad.uscourts.gov.
`(MacDonald, Gail) (Entered: 06/04/2020)
`72 Markman Brief by Fitbit, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit
`C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9
`Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Chaikovsky, Yar) (Entered:
`06/05/2020)
`73 Preliminary Claim Construction Briefs by Philips North America LLC. (Attachments:
`# 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, #
`7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Rodrigues, Ruben) (Entered:
`06/05/2020)
`74 Joint MOTION for Leave to File Joint Motion For Leave to File Notice of
`Supplemental Authority Relating to Fitbits Renewed Rule 12(B)(6) Motion To Dismiss
`Plaintiff Philips North America LLCs First Amended Complaint by Fitbit, Inc..
`(Attachments: # 1 Notice of Supplemental Authority, # 2 Exhibit CardioNet v.
`Infobionic, # 3 Exhibit Dropbox v. Synchronoss, # 4 Exhibit Uniloc v. LG Electronics,
`# 5 Exhibit CardioNet v. Infobionic)(Beckwith, David) (Entered: 07/02/2020)
`75 Judge Indira Talwani: ELECTRONIC ORDER ALLOWING 74 Joint Motion for
`Leave to File Notice of Supplemental Authority Relating to Fitbits Renewed Rule
`12(B)(6) Motion To Dismiss Plaintiff Philips North America LLCs First Amended
`Complaint ;
`Counsel using the Electronic Case Filing System should now file the document for
`which leave to file has been granted in accordance with the CM/ECF Administrative
`Procedures. Counsel must include − Leave to file granted on (date of order)− in the
`caption of the document. (Kelly, Danielle) (Entered: 07/06/2020)
`76 Notice of Supplemental Authorities re 74 Joint MOTION for Leave to File Joint
`Motion For Leave to File Notice of Supplemental Authority Relating to Fitbits
`Renewed Rule 12(B)(6) Motion To Dismiss Plaintiff Philips North America LLCs First
`Amended Complaint and re ORDER 75 Notice of Supplemental Authority Relating to
`Fitbit, Inc. Ex. 1052 Page 0008
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`Fitbits' Renewed Rule 12(B)(6) Motion To Dismiss Plaintiff Philips North America
`LLC's First Amended Complaint Under 35 U.S.C. § 101 and Philips's Opposition
`Thereto (Attachments: # 1 Exhibit CardioNet v. Infobionic, # 2 Exhibit Dropbox v.
`Synchronoss, # 3 Exhibit Uniloc v. LG Electronics, # 4 Exhibit CardioNet v.
`Infobionic)(Beckwith, David) (Entered: 07/06/2020)
`77 BRIEF by Philips North America LLC to 72 Markman Brief, Plaintiff's Responsive
`Claim Construction Brief. (Attachments: # 1 Exhibit 11)(Rodrigues, Ruben) (Entered:
`07/08/2020)
`78 BRIEF by Fitbit, Inc. to 73 Preliminary Claim Construction Briefs, Fitbit's Responsive
`Claim Construction Brief. (Attachments: # 1 Declaration of C. Peterman, # 2 Exhibit
`A, # 3 Exhibit B)(Beckwith, David) (Entered: 07/08/2020)
`79 ELECTRONIC NOTICE Setting Hearing on Motion 33 MOTION TO DISMISS FOR
`FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6)
`Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint
`Under 35 U.S.C. Sect. 101: Motion Hearing set for 8/20/2020 04:00 PM before Judge
`Indira Talwani.
`This hearing will be conducted by video conference. Counsel of record will receive a
`video conference invite at the email registered in CM/ECF. If you have technical or
`compatibility issues with the technology, please notify the session's courtroom deputy
`as soon as possible.
`Access to the hearing will be made available to the media and public. In order to gain
`access to the hearing, you must sign up at the following address:
`https://public.mad.uscourts.gov/seating−signup.html.
`For questions regarding access to hearings, you may refer to the Court's general orders
`and public notices available on www.mad.uscourts.gov or contact
`media@mad.uscourts.gov.
`(MacDonald, Gail) (Entered: 07/29/2020)
`80 AMENDED DOCUMENT by Fitbit, Inc.. Amendment to 65 Joint Claim Construction
`and Prehearing Statement Unopposed Notice of Correction of the Parties Joint Claim
`Construction Chart. (Attachments: # 1 Exhibit A)(Beckwith, David) (Entered:
`07/29/2020)
`81 NOTICE by Philips North America LLC of Intent To Withdraw Count IV of the
`Amended Complaint For Patent Infringement (Silva, Lucas) (Entered: 08/04/2020)
`87 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Markman
`Hearing held on 8/5/2020 by videoconf. Case called. Counsel agree the core terms in
`the '958 patent were w/drawn and need not be addressed. Court heard openings and
`argument from counsel. The court will review terms and issue a decision. (Court
`Reporter: Robert Paschal at rwp.reporter@gmail.com.) (Attorneys present: Thompson,
`Custer, Rodrigues, Peterman, Beckwith, Furey, Chaikovsky) (MacDonald, Gail)
`(Entered: 08/13/2020)
`82 TRANSCRIPT ORDER FORM by Fitbit, Inc. for proceedings held on 8/5/2020 Judge
`Judge Indira Talwani.. (Chaikovsky, Yar) (Entered: 08/06/2020)
`83 NOTICE by Fitbit, Inc. Fitbit's Notice of Lodging Slides from Markman Hearing
`(Attachments: # 1 Exhibit Fitbit's Markman Presentation)(Chaikovsky, Yar) (Entered:
`08/06/2020)
`84 NOTICE by Philips North America LLC of Lodging Slides from Markman Hearing
`(Attachments: # 1 Exhibit Philips' Markman Presentation)(Rodrigues, Ruben)
`(Entered: 08/07/2020)
`85 Transcript of Markman Hearing via Video Conference held on August 5, 2020, before
`Judge Indira Talwani. The Transcript may be purchased through the Court Reporter,
`viewed at the public terminal, or viewed through PACER after it is released. Court
`Reporter Name and Contact Information: Robert Paschal at rwp.reporter@gmail.com.
`Redaction Request due 8/31/2020. Redacted Transcript Deadline set for 9/10/2020.
`Fitbit, Inc. Ex. 1052 Page 0009
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00828
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`07/29/2020
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`Case: 1:19-cv-11586-IT As of: 08/26/2020 07:06 PM EDT 10 of 11
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`08/12/2020
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`Release of Transcript Restriction set for 11/9/2020. (Belpedio, Lisa) (Entered:
`08/12/2020)
`86 NOTICE is hereby given that an official transcript of a proceeding has been filed by
`the court reporter in the above−captioned matter. Counsel are referred to the Court's
`Transcript Redaction Policy, available on the court website at
`http://www.mad.uscourts.gov/attorneys/general−info.htm (Belpedio, Lisa) (Entered:
`08/12/2020)
`88 ELECTRONIC NOTICE Resetting Hearing on Motion 33 MOTION TO DISMISS
`FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6)
`Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint
`Under 35 U.S.C. Sect. 101: Motion Hearing set for 8/20/2020 02:00 PM before Judge
`Indira Talwani. PLEASE NOTE CHANGE TO EARLIER TIME.
`This hearing will be conducted by video conference. Counsel of record will receive a
`video conference invite at the email registered in CM/ECF. If you have technical or
`compatibility issues with the technology, please notify the session's courtroom deputy
`as soon as possible.
`Access to the hearing will be made available to the media and public. In order to gain
`access to the hearing, you must sign up at the following address:
`https://public.mad.uscourts.gov/seating−signup.html.
`For questions regarding acces