Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 1 of 14 Page ID #:1063
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 6,013,007
`
`
`
`’007 Claim Term
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
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`35 U.S.C. § 112, ¶ 6.
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`Indefinite.
`
`Function: computing athletic performance
`feedback data from the series of time-stamped
`waypoints obtained by said GPS receiver
`
`Structure or algorithm: not disclosed.
`
`means for computing
`athletic performance
`feedback data from the
`series of timestamped
`waypoints obtained by said
`GPS receiver
`
`a processor (and equivalents thereof) that
`determines any of the following from a series of
`time-stamped waypoints obtained by said GPS
`receiver during an exercise session: elapsed
`distance of an athlete; current or average speed of
`an athlete; current or average pace of an athlete
`
`(Claims 1, 21)
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`a processor and equivalents thereof (see, e.g.,
`Fig.6, col. 5 ll. 36-40 and col. 9 ll. 31-35.)
`
`Function:
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`computing athletic performance feedback data [as
`construed above as elapsed distance of an athlete;
`current or average speed of an athlete; and/or
`current or average pace of an athlete] from the
`series of time-stamped waypoints obtained by
`said GPS receiver
`
`means for presenting the
`athletic performance
`feedback data to an athlete
`
`No construction necessary.
`
`35 U.S.C. § 112, ¶ 6.
`
`However, if construed Philips proposes the
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 2 of 14 Page ID #:1064
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’007 Claim Term
`
`(Claims 1, 21)
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`means for suspending and
`resuming operation of said
`means for computing when
`a speed of the athlete falls
`below a predetermined
`threshold
`
`(Claim 7)
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`Philips’s Proposed Construction
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`following construction that reflects the structure
`and function: “a display and/or audio headphones
`(and equivalents thereof) that presents the athletic
`performance feedback data to an athlete”
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`a display and/or audio headphones and
`equivalents thereof (See, e.g., Figs. 1A, 2, 3, 5, 6,
`original claims, col. 4 ll. 4-13, col 4. ll. 34-40,
`col. 7 ll. 56-67)
`
`Function:
`
`presenting the athletic performance feedback data
`to an athlete
`
`a processor (and equivalents thereof) that
`suspends said computing when a speed of the
`athlete is below a predetermined threshold and
`resumes said computing when a speed of the
`athlete is not below said predetermined threshold
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`Garmin’s Proposed Construction
`
`Function: presenting the athletic performance
`feedback data to an athlete
`
`Structure: Wired headset (including all technical
`components for audio connections, amplification,
`speech synthesizer etc.). Feedback data is
`optionally also scrolled across the display while it
`is also being announced via the audio
`headphones.
`
`35 U.S.C. § 112, ¶ 6.
`
`Indefinite.
`
`Function: suspending and resuming operation of
`said means for computing when a speed of the
`athlete falls below a predetermined threshold
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 3 of 14 Page ID #:1065
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’007 Claim Term
`
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`a processor and equivalents thereof (see, e.g.,
`Fig.6, col. 5 ll. 36-40 and col. 9 ll. 31-35.)
`
`Function:
`
`suspending and resuming operation of said means
`for computing when a speed of the athlete falls
`below a predetermined threshold (as construed
`above)
`
`modem for transmitting the
`athletic performance
`feedback data to a remote
`computer for comparison
`with athletic performance
`data of other athletes
`
`No construction necessary
`
`Alternatively: “modem” should be construed as “a
`device that modulates a digital signal into an analog
`one for transmission and which demodulates a
`received analog signal into a digital one.”
`
`(Claim 21)
`
`
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`means for exchanging GPS
`route waypoints via said
`Internet web site
`
`(Claim 25)
`
`No construction necessary.
`
`However, if construed Philips proposes the
`following construction that reflects the structure
`and function: “an Internet web site (and
`equivalents thereof) that exchanges GPS route
`waypoints”
`
`
`
`modulator capable of sending signals through a
`standard telephone line and a demodulator
`capable of receiving signals from a standard
`telephone line
`
`35 U.S.C. § 112, ¶ 6.
`
`Indefinite.
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`Function: exchanging GPS route waypoints via
`said Internet web site
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 4 of 14 Page ID #:1066
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’007 Claim Term
`
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`an Internet web site and equivalents thereof (See,
`e.g., original claim, col. 9 ll. 52-62)
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`Function:
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`exchanging GPS route waypoints
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`-4-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 5 of 14 Page ID #:1067
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 7,088,233
`
`
`
`’233 Claim Term
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`governing information
`transmitted between the
`first personal device and
`the second device
`
`(Claim 1)
`
`controlling the transmission of information
`between the first personal device and the second
`device
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`plain and ordinary meaning
`
`wireless communication
`
`(Claims 1, 13, 15, 16)
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`an over-the-air communication (e.g. using
`radiofrequency (RF), infrared, or optical
`techniques)
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`plain and ordinary meaning
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`first personal device
`
`No construction necessary
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`first personal medical device
`
`(Claims 1, 10, 14, 24)
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`Alternatively: “a device for private use by a person”
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`body or physiological
`parameters
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` (Claims 8, 9)
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`location determination
`module
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`(Claim 24)
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`No construction necessary.
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`Indefinite.
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`Not indefinite.
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`No construction necessary
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`a terrestrial location system
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`-5-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 6 of 14 Page ID #:1068
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’233 Claim Term
`
`the bi-directional
`communications module
`has a powered-down state
`
`(Claim 26)
`
`“means for signaling the
`bi-directional
`communications module to
`transition from the
`powered-down state to the
`powered-up state”
`
`(Claim 26)
`
`
`Philips’s Proposed Construction
`
`No construction necessary
`Alternatively: “bi-directional communications
`module has a powered state that is lower than the
`powered-up state”
`
`
`No construction necessary.
`
`However, if construed Philips proposes the
`following construction that reflects the structure
`and function: “a radiofrequency (RF) receiver,
`switch, pressure pad, or magnet (or equivalents
`thereof) that causes the bi-directional
`communications module to transition from the
`powered-down state to the powered-up state.”
`
`Structure:
`
`a radiofrequency (RF) receiver, mechanical
`switch, pad, or magnet or equivalents thereof.
`(See, e.g., Fig. 7, col.14 ll. 34-47)
`
`Function:
`
`signaling the bi-directional communications
`module to
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`Garmin’s Proposed Construction
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`the bi-directional communications module of the
`first and second devices, each having a state that
`consumes no power
`
`Function: signaling the bi-directional
`communications module to transition from the
`powered-down state [i.e., state that consumes no
`power] to the powered-up state
`
`Structure: a mechanical signal, such as throwing a
`switch or applying pressure to a pad; a magnetic
`signal, as in passing a magnet in the vicinity of
`the communications module; sound or ultrasound;
`infrared, provided there is a direct line of sight to
`the communications module; or combination of
`RF transmitter and un-powered RF receiver that
`are tuned to the same frequency, and structural
`equivalents thereof
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 7 of 14 Page ID #:1069
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 6,965,958
`
`
`
`’958 Claim Term
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`internet-enabled wireless
`web device
`
`a device designed to display interactive
`information through a connection to the Internet
`
`(Claims 15-17)
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`“[a/the] health parameter /
`the health parameter
`indicative of a disease state
`or condition of a patient /
`the health parameter or
`visual data corresponding
`to a patient’s disease state
`or condition”
`
`No construction necessary
`Alternatively: “the health parameter indicative of
`[or visual data corresponding to] a disease state or
`condition of a person under the care of a physician
`or a healthy individual interested in maintaining a
`healthy physiologic balance.”
`
`
`(Claims 15, 16)
`
`
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`device without computing and processing
`capability that uses mobile telecommunication
`cellular network technologies to transfer data
`
`information used by health care professional in
`diagnosing/treating a patient’s [illness or
`sickness]
`
`disease state or condition
`
`No construction necessary
`
`“disease state or disease condition”
`
` a
`
` person of ordinary skill in the art would
`understand “disease” to mean illness or sickness
`
`(Claims 15, 16)
`
`health monitoring device
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`No construction necessary
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`medical device, not exercise machine
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`-7-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 8 of 14 Page ID #:1070
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’958 Claim Term
`
`(Claim 15, 16)
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`
`Philips’s Proposed Construction
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`Garmin’s Proposed Construction
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 9 of 14 Page ID #:1071
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 8,277,377
`
`
`
`’377 Claim Term
`
`Philips’s Proposed Construction
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`Garmin’s Proposed Construction
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`a method for interactive
`exercise monitoring
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`(’377 Claim 1 Preamble)
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`web-enabled wireless
`phone
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`(’377 Claims 1, 4)
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`wherein at least one of the
`data indicating a
`physiologic status of a
`subject or the data
`indicating an amount of
`exercise performed by the
`subject is received from the
`device which provides
`exercise-related
`information, and wherein
`the data indicating a
`physiologic status of a
`subject is received at least
`partially while the subject
`is exercising
`
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`No construction necessary
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`method for a user or third party to monitor during
`exercise
`
`No construction necessary
`
`device without computing and processing
`capability that uses mobile telecommunication
`cellular network technologies to transfer data
`
`No construction necessary
`
`Indefinite
`
`Not indefinite
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`-9-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 10 of 14 Page ID #:1072
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’377 Claim Term
`
`(Claim 1)
`
`sending the exercise-
`related information to
`
`an internet server
`
`(Claim 1)
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`calculated response from
`the server, the response
`associated with a
`calculation performed by
`the server based on the
`exercise-related
`information
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`(Claim 1)
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`Philips’s Proposed Construction
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`Garmin’s Proposed Construction
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`No construction necessary
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`uploading the exercise-related information to an
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`No construction necessary
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`internet server in real-time, which does not
`include storing data about exercise and then
`
`uploading the same at a later time
`
`calculation performed at the server based on the
`exercise related information set to the server
`during the time of exercise
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`-10-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 11 of 14 Page ID #:1073
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 9,314,192
`
`
`
`’192 Claim Term
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`any one of a plurality of
`positions on a body of a
`subject
`
`(Claims 1, 20)
`
`analyzing the measured
`value for features that are
`position dependent
`
`(Claims 1, 20)
`
`derive a subject-related
`value from the measured
`value, where the derivation
`of the subject-related value
`also depends on the one of
`the plurality of positions of
`the sensor on the subject
`
`(Claim 1)
`
`deriving, using the
`processor, a subject-related
`value from the measured
`value in dependence on the
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`No construction necessary
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`any position on the body of a subject
`
`No construction necessary
`
`No construction necessary
`
`analyzing the signal from the sensor that is
`correlated with activity to determine the position
`of the sensor on the body
`
`automatically adapt the measured value to
`compensate for measurement deviations that
`result from the location of the sensor
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`-11-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 12 of 14 Page ID #:1074
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`’192 Claim Term
`one of the plurality of
`positions of the sensor on
`the subject
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`(Claim 20)
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 13 of 14 Page ID #:1075
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`U.S. Patent No. 9,801,542
`
`
`
`’542 Claim Term
`
`Philips’s Proposed Construction
`
`Garmin’s Proposed Construction
`
`using one or more sensors
`physically coupled to the
`user and connected to a
`network, to monitor one or
`
`more vital parameters,
`providing data
`representative of the user’s
`physical condition
`
`(Claim 13)
`
`Analyzing the one or more
`vital parameters using a
`statistical analyzer
`
`(Claim 13)
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`trained with training data
`representing physiological
`
`conditions determined to
`be undesirable for the user
`
`(Claim 13)
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`No construction necessary
`
`Indefinite
`
`Not indefinite
`
`No construction necessary
`
`Indefinite
`
`Not indefinite
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`No construction necessary
`
`Indefinite
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`Not indefinite
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`-13-
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`Case 2:19-cv-06301-AB-KS Document 73-2 Filed 06/23/20 Page 14 of 14 Page ID #:1076
`Exhibit B to Joint Claim Construction and Prehearing Statement
`Philips North America, LLC v. Garmin Int’l, Inc., et al. (C.D. Cal.) Case No. 2:19-cv-06301-AB-KS
`Proposed Constructions of Each Disputed Term
`
`’542 Claim Term
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`warning indication when
`the user’s physical
`condition is undesirable
`
`(Claim 13)
`
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`Philips’s Proposed Construction
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`Garmin’s Proposed Construction
`
`No construction necessary
`
`Indefinite
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`Not indefinite
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