`Exhibit  D  
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`Exhibit D
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 1 of 61
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiff,
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`v.
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`PHILIPS NORTH AMERICA LLC,
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`FITBIT, INC.
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`Defendant.
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`C.A. No. 19-11586-IT
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`JURY TRIAL DEMANDED
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT1
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`Philips North America LLC (“Philips North America” or “Plaintiff”), by its undersigned
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`counsel, hereby alleges, with knowledge with respect to its own acts and on information and
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`belief as to other matters, the following in support of its First Amended Complaint against Fitbit,
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`Inc. (“Defendant” or “Fitbit”).
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`NATURE OF THE ACTION
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`1. Philips North America brings this action to compel Fitbit to stop infringing Philips North
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`America’s patents and to compensate Philips North America for Fitbit’s past infringement.
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`2. Philips North America is a subsidiary of Koninklijke Philips N.V., originally founded in
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`1891, and a world leader in technology and innovation across many technological fields
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`(generally referred to as “Philips”). For more than 100 years, Philips has dedicated significant
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`resources to research and development for the advancement of technology used around the
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`world.
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`1 Plaintiff’s First Amended Complaint differs from the Original Complaint only with respect to
`newly added paragraphs 59-64, 83-88, 107-113, and 130-134.
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 12 of 61
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`38. Fitbit has been and is still directly infringing, jointly infringing, contributing to
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`infringement, and/or inducing others to infringe the Patents-in-Suit by making, using, offering
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`for sale, selling, or importing devices that practice the Patents-in-Suit. Fitbit’s acts of
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`infringement have occurred within this Judicial District and elsewhere throughout the United
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`States.
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`U.S. Patent No. 6,013,007
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`39. The United States Patent and Trademark Office duly and legally issued the ’007 patent to
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`inventor Gary Miller Root on January 11, 2000. The ’007 patent is titled Athlete’s GPS-Based
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`Performance Monitor. A true and accurate copy of the ’007 patent is attached as Exhibit A.
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`40. Philips North America is the owner and assignee of all legal title in the ’007 patent and
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`holds the right to sue and recover damages for infringement thereof, including ongoing and past
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`infringement.
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`U.S. Patent No. 7,088,233
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`41. The United States Patent and Trademark Office duly and legally issued the ’233 patent to
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`inventor Raymond J. Menard on August 8, 2006. The ’233 patent is titled Personal Medical
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`Device Communication System and Method. A true and accurate copy of the ’233 patent is
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`attached as Exhibit B.
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`42. Philips North America is the owner and assignee of all legal title in the ’233 patent and
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`holds the right to sue and recover damages for infringement thereof, including ongoing and past
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`infringement.
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`U.S. Patent No. 8,277,377
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`43. The United States Patent and Trademark Office duly and legally issued the ’377 patent to
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`inventor Roger J. Quy on October 2, 2012. The ’377 patent is titled Method and Apparatus for
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 30 of 61
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`possible for the individual or others to securely access health information from the devices for
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`remote monitoring, diagnosis or intervention. Id. col. 2, ll. 12-22.
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`82. As such, as of the priority date of the ’233 patent, bi-directional wireless communication
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`systems were not available for interconnecting a personal device, having a detector input, and
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`communicating with another device, where a security mechanism governed information
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`transmitted between the devices to securely transmit body or physiologic parameters for
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`monitoring and/or analysis. Id. col. 1, ll. 59-62.
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`83. The ‘233 patent describing an improved personal medical device communication system
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`was issued on August 8, 2006 by the U.S. Patent and Trademark Office based on an earlier
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`priority application filed on October 23, 1998. The U.S. Patent Office carefully examined the
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`claims that ultimately issued as the ‘233 patent. Consistent with 35 U.S.C. §282 and the
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`limitations of the claims of the ‘233 patent, a person having ordinary skill in the art would
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`understand that each claim of the ‘233 patent (independent or dependent) relates to a separate
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`invention distinct from other claims as for example with dependent claim 9, which is distinct
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`from dependent claim 8, which is distinct from dependent claim 7, which is distinct from
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`independent claim 1.
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`84. The U.S. Patent Office considered the claims of the ‘233 patent against the background of
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`prior technology to determine if the claims of the ‘233 patent identified a patentable advance
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`over prior art systems before issuing the patent. Among other things, the U.S. Patent Office
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`searched multiple sets of prior art in classifications 340/539.1, 539.11, 539.12, 539.13, 506, 511,
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`517, 524, 533, 537, 3.1, 825.36, 825.49. As an example, classification 340/539.11 included all
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`patents related to communications monitoring in addition to control (e.g., supervisory). The face
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`of the ‘233 patent identifies over 90 different patents and publications from the classifications
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 31 of 61
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`and other prior art considered in allowing the various claims of the ‘233 patent, including for
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`example U.S. Patent 5,812,536 entitled “Secure Accounting System Employing RF
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`Communications For Enhanced Security And Functionality” and Ericsson Microelectronics
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`“Technology Solutions for Bluetooth.”
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`85. There were multiple problems faced by the inventor of the ’233 patent in establishing an
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`improved personal physiological system that is friendly to a mobile user, that is easy to install,
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`that is inexpensive, and that provides substantial interoperability between wireless technologies,
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`communication network providers and other widely used medical and public systems. For
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`example, devices prior to the inventions claimed in the ‘233 patent did not provide sufficient
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`protection and governing of personal information transmission for physiological data of
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`individuals over communication systems while permitting access to such information to
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`authorized individuals, such as on other devices and over the internet to remote locations. The
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`inventions of the ‘233 patent solved the problems of the prior art by establishing a distributed
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`personal health communication system including a security mechanism governing information
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`transmitted between a personal device with at least one detector input receiving personal
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`physiological information and a second device having a bi-directional wireless communications
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`module. In some distinct inventions, the personal device includes a short range bi-directional
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`wireless communications module and at least one detector input which may receive personal
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`health information such as heart function. A second device, which also includes a short range bi-
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`directional wireless communications module, may receive the personal health information
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`depending, not on the underlying communication link, but on a security mechanism governing
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`information transmitted between the personal device and the second device. Until the patented
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`inventions, such personal medical communication systems were unavailable.
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 32 of 61
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`86. As would be appreciated by a person having ordinary skill in the art, the separate
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`inventions of the ‘233 patent also pertain to a detector provided as part of the system that is
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`connected to the detector input where the detector senses a body or physiological parameter
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`selected from a group that includes motion and blood oxygen content. Therefore, a person
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`having ordinary skill in the art would recognize that the inventions claimed in the ‘233 patent are
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`not generically directed to the idea of secure data transfer between devices, but rather that the
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`claims of the ‘233 patent would be understood by a person having ordinary skill in the art to
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`recite concrete advancements in technology pertaining to a specific improved personal medical
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`communications system having a personal device with at least one detector input and a bi-
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`directional wireless communication module, a second device also with a bi-directional wireless
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`communication module, and a security mechanism which governs the transmission of
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`information to and from a first personal device.
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`87. Wireless devices prior to the inventions claim in the ‘233 patent only included the
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`Bluetooth standard of the time for wireless transport of data at 2.4 GHz between cellular phones,
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`notebook PCs, and other handheld or portable electronic gear. See col. 4, ll. 45-65; col. 13, ll.
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`40-55. Such devices were not designed to be included in personal medical communication
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`systems, they did not include as provided in claim 9 a detector that senses body or physiological
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`parameters such as motion, blood oxygen content, heart function, etc. where the detector is
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`connected to the detector input and a bi-directional wireless communications module that can
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`connect to a second device. Such devices also were not designed to be included in systems
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`where a security mechanism governs information transmitted between the personal device and
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`the second device. Therefore, a person having ordinary skill in the art would understand that the
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`‘233 patent and its claims represent concrete and technological improvements to personal
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 33 of 61
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`medical communication systems. These improvements include a distributed system including a
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`detector of personal medical information connected to the input of a personal device having a bi-
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`directional wireless communications module and a security mechanism governing information
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`transmission between the personal device and a second device. The advancements established an
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`improved system overcoming the problems of prior systems.
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`88. A person having ordinary skill in the art would understand that the separate claims of the
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`‘233 patent did not and do not pre-empt any field, but are improvements to personal medical
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`device communication systems. A person having ordinary skill in the art would understand that
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`the claims of the ‘233 patent do not relate to implementation of a business method on a general
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`purpose computer, but are improvements in personal medical information communication
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`systems. For example, the ‘233 patent explains that, before the invention, communications
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`between cellular phones, notebook PCs, and other handheld or portable electronic gear could be
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`established in various manners including Bluetooth. Therefore, the ‘233 patent recognizes that
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`health data communication can be accomplished without the use of the claimed advancement to
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`health data communication technology
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`89. The claims of the ’233 patent are directed to specific improvements in computer and
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`networking capabilities and functionality. Among other things, the claimed inventions improve
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`functionality of monitoring devices by enabling remote monitoring of vital signs or other
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`physiological parameters. The claimed inventions provide a monitoring device which monitors
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`body or physiological parameters such as temperature, motion, respiration, blood oxygen
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`contents, and electroencephalogram, and allows for a security mechanism governing information
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`transmitted between monitoring device and another network enabled device facilitating the
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`secure transmission of information concerning those body or physiological parameters. The
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`Case 1:19-cv-11586-IT Document 25 Filed 11/27/19 Page 41 of 61
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`distributors, partners, resellers, and/or end users. Fitbit further provides instructions, user
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`manuals, advertising and/or marketing materials that facilitate, direct, or encourage the direct and
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`joint infringement of one or more claims of the ’377 patent by others with knowledge thereof.
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`103. Fitbit has contributed to the infringement of, and continues to contribute to the
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`infringement of, at least claim 6 of the ’377 patent under 35 U.S.C. § 271, either literally and/or
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`under the doctrine of equivalents, by selling, offering to sell, and/or importing within or into the
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`United States the Accused Products that, when used with the accompanying Fitbit application,
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`software and server, enable the user’s smartphone to download an application to a web-enabled
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`wireless phone directly from a remote server over the internet, couple the web-enabled wireless
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`phone to a device which provides exercise-related information, receive exercise related
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`information from the user, calculate a response, and display that response on a smartphone using
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`the application. The hardware and software used to receive exercise-related information,
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`calculate the response, and display that response constitutes a material part of the invention, is
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`known by Fitbit to be especially made or adapted for use in infringing the ’377 patent, and is not
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`a staple article or commodity of commerce that is suitable for substantial non-infringing use.
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`104. The claims of the ’377 patent, when viewed as a whole, including as an ordered
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`combination, address difficult technical challenges in health monitoring of persons utilizing
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`computer and networking capabilities and functionality. The claimed inventions were not well
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`known, routine, or conventional at the time of the invention, nearly twenty years ago, and
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`represent specific improvements over the prior art and prior existing systems and methods.
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`105. At the time the inventions claimed in the ’377 patent were conceived, systems for
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`monitoring personal health were expensive and inefficient. Prior to the ’377 patent, medical or
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`health information could be stored on computer media such as a compact disk and could thereby
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