`
`LAMKIN IP DEFENSE
`RDL@LamkinIPDefense.com
`Rachael D. Lamkin (246066)
`One Harbor Drive, Suite 304
`Sausalito, CA 94965
`(916) 747-6091 Telephone
`Michelle L. Marriott (pro hac vice)
`michelle.marriott@eriseip.com
`Erise IP, P.A.
`7015 College Blvd.
`Suite 700
`Overland Park, KS 66211
`(913) 777-5600 Telephone
`(913) 777-5601 Facsimile
`
`Attorneys for Defendants Garmin
`International, Inc. and Garmin Ltd.
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`PHILIPS NORTH AMERICA LLC,
`
`
`
`
`
`Plaintiff,
`
`
`
`v.
`
`GARMIN INTERNATIONAL, INC.
`AND GARMIN LTD.,
`
`
`
`
`
`
`Defendants.
`
`Case No. 2:19-cv-06301-AB-KS
`
`
`
`
`DECLARATION OF
`MICHELLE MARRIOTT IN
`SUPPORT OF DEFENDANTS’
`OPENING CLAIM
`CONSTRUCTION BRIEF
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`I, Michelle L. Marriott, declare as follows:
`1.
` I am a shareholder with Erise IP, P.A., counsel of record for
`Defendants Garmin International, Inc. and Garmin Ltd. in the above-captioned
`matter. I submit this declaration based on personal knowledge following a
`
`1
`DECLARATION OF MICHELLE MARRIOTT (CLAIM CONSTRUCTION)
`
`
`
`Case 2:19-cv-06301-AB-KS Document 76 Filed 06/26/20 Page 2 of 5 Page ID #:1270
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`reasonable investigation. If called upon as a witness, I could competently testify to
`the truth of each statement herein.
`2.
`Attached hereto are true and correct copies of portions of the
`prosecution history of U.S. Patent No. 8,277,377:
`• Exhibit A is a true and correct copy of the Office Action dated May 4, 2009.
`• Exhibit B is a true and correct copy of the Response to Office Action dated
`August 4, 2009
`• Exhibit C is a true and correct copy of the Applicant Remarks dated March
`16, 2010.
`• Exhibit D is a true and correct copy of the Office Action dated August 10,
`2010.
`• Exhibit E is a true and correct copy of the Amendment and Response after
`Final Office Action dated September 20, 2010.
`• Exhibit F is a true and correct copy of the Reasons for Requesting Pre-
`Appellate Review dated December 17, 2010.
`• Exhibit G is a true and correct copy of the Response to Non-Final Office
`Action dated June 14, 2011.
`• Exhibit H is a true and correct copy of the Reasons for Requesting Pre-
`Appellate Relief dated October 28, 2011.
`• Exhibit I is a true and correct copy of the Applicant Pre-Appeal Brief dated
`January 10, 2012.
`• Exhibit J is a true and correct copy of the Appeal Brief dated March 12,
`2012.
`3.
`Attached hereto are true and correct copies of portions of the
`prosecution history of US. Patent No. 8,712,510 (Application No. 12/692080):
`• Exhibit K is a true and correct copy of the Office Action Response dated
`October 22, 2012.
`• Exhibit L is a true and correct copy of the Office Action Response dated
`June 10, 2013.
`4.
`Attached hereto are true and correct copies of portions of the
`prosecution history of U.S. Patent 9,314,192:
`• Exhibit M is a true and correct copy of the Office Action Response dated
`August 25, 2010.
`
`2
`DECLARATION OF MICHELLE MARRIOTT (CLAIM CONSTRUCTION)
`
`
`
`Case 2:19-cv-06301-AB-KS Document 76 Filed 06/26/20 Page 3 of 5 Page ID #:1271
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`• Exhibit N is a true and correct copy of the Office Action Response dated
`February 15, 2011.
`• Exhibit O is a true and correct copy of the Office Action Response dated
`July 21, 2011.
`• Exhibit P is a true and correct copy of the Office Action Response dated
`October 20, 2014.
`• Exhibit Q is a true and correct copy of the Office Action Response dated
`April 10, 2015.
`5.
`Attached hereto are true and correct copies of portions of the
`prosecution history of U.S. Application No. 10/938783:
`• Exhibit R is a true and correct copy of the Applicant Arguments dated
`August 22, 2008.
`• Exhibit S is a true and correct copy of the Amended Claims dated December
`30, 2008.
`6.
`Attached hereto are true and correct copies of portions of the
`prosecution history of U.S. Application No. 11/649355:
`• Exhibit T is a true and correct copy of the Preliminary Amendment dated
`June 6, 2007.
`• Exhibit U is a true and correct copy of the Second Preliminary Amendment
`dated June 24, 2008.
`• Exhibit V is a true and correct copy of the Office Action dated January 30,
`2009.
`• Exhibit W is a true and correct copy of the Response to Office Action dated
`April 30, 2009.
`• Exhibit X is a true and correct copy of the Office Action dated July 23,
`2009.
`Attached hereto as Exhibit Y is the Office Action Response dated
`7.
`February 27, 2018 from the prosecution history of U.S. Application No. 15127189.
`8.
`Attached hereto are true and correct copies of portions of the
`prosecution history of Australian Patent Application No 2011207170:
`• Exhibit Z is a true and correct copy of the Examiner’s Report dated
`September 3, 2014.
`
`3
`DECLARATION OF MICHELLE MARRIOTT (CLAIM CONSTRUCTION)
`
`
`
`Case 2:19-cv-06301-AB-KS Document 76 Filed 06/26/20 Page 4 of 5 Page ID #:1272
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`• Exhibit AA is a true and correct copy of the Response to Examiner’s Report
`dated September 1, 2015.
`• Exhibit BB is a true and correct copy of the Response to Examiner’s Report
`dated January 4, 2016.
`• Exhibit CC is a true and correct copy of the Response to Examiner’s Report
`dated March 21, 2016.
`9.
`Attached hereto are true and correct portions of the prosecution
`history of European Patent Application 00989280:
`• Exhibit DD is a true and correct copy of the Response to Communication
`dated October 20, 2003.
`• Exhibit EE is a true and correct copy of the Response to Communication
`dated February 23, 2005.
`• Exhibit FF is a true and correct copy of the Written Submission Prior to
`Oral Hearing dated November 11, 2005.
`10. Attached hereto are true and correct portions of the prosecution
`history of European Patent Application 06832085:
`• Exhibit GG is a true and correct copy of the Observations on the PCT
`Search Report dated July 15, 2008.
`• Exhibit HH is a true and correct copy of the Reply to Communication dated
`January 27, 2010.
`• Exhibit II is a true and correct copy of the Application Remarks dated
`December 22, 2010.
`11. Exhibit JJ is a true and correct copy of excerpts from “GPS Land
`Navigation,” copyright 1999.
`12. Exhibit KK is a true and correct copy of a portion of Webster’s II
`New College Dictionary, copyright 2001, 1999, 1995.
`13. Exhibit LL is a true and correct copy of portions of the Plaintiff’s
`Opening Claim Construction Brief, Dkt. 73, filed in Philips North America LLC v,
`Fitbit, Inc., 1:19-cv-11586-IT.
`14. Exhibit MM is a true and correct copy of a document on which
`Philips disclosed as extrinsic evidence on May 29, 2020, which purports to be a
`
`4
`DECLARATION OF MICHELLE MARRIOTT (CLAIM CONSTRUCTION)
`
`
`
`Case 2:19-cv-06301-AB-KS Document 76 Filed 06/26/20 Page 5 of 5 Page ID #:1273
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`Merriam Webster dictionary definition of the word “govern.”
`I declare under penalty of perjury under the laws of the United States of
`America that the foregoing is true and correct.
`Executed this 26th day of June 2020 in Overland Park, Kansas.
`
`
`
`DATED: June 26, 2020
`
`
`
`
`
`
`/s/ Michelle L. Marriott
`Michelle L. Marriott
`Counsel for Defendants Garmin International,
`Inc. and Garmin Ltd.
`
`
`
`
`5
`DECLARATION OF MICHELLE MARRIOTT (CLAIM CONSTRUCTION)
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`