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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`Defendant.
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`v.
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`FITBIT, INC.,
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`Civil Action No. 1:19-cv-11586-FDS
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`JURY TRIAL DEMANDED
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`PHILIPS’S RESPONSE TO FITBIT’S MOTION FOR LEAVE TO SUBMIT
`SUPPLEMENTAL AUTHORITY ON CLAIM CONSTRUCTION
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`Philips North America LLC (“Philips”) submits this Response to Fitbit Inc.’s (“Fitbit”)
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`Motion for Leave to Submit Supplemental Authority on Claim Construction filed on March 4,
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`2021. Doc. No. 160. As discussed briefly below, while Philips does not oppose making the Court
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`aware of the Federal Circuit’s decision in Rain Computing, Philips also does not believe the
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`decision is germane to the dispute pending before the Court with respect to the ’007 Patent.
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`The patent owner in Rain Computing appears to have conceded that no supporting
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`algorithm was disclosed in the specification, and this appears to have been dispositive of the issue
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`as described by the Federal Circuit’s brief 5-page opinion. Rain Computing, Inc. v. Samsung Elecs.
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`Am., Inc., No. 2020-1646, -- F.3d --, 2021 WL 786361, at *4 (Fed. Cir. Mar. 2, 2021). As
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`explained in the extensive briefing on the subject in this case (See Dkt. 73 at 5-11 and Dkt. 77 at
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`1-8), the supporting declaration of Dr. Tom Martin (See Dkt. 73-5 at 7-12), and as discussed during
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`the claim construction hearing (See Aug. 5, 2020 Hearing Tr. at 23-47), a person of ordinary skill
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`in the art reviewing the disclosure of the ’007 Patent would understand that an algorithm for
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`Case 1:19-cv-11586-FDS Document 161 Filed 03/08/21 Page 2 of 3
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`computing athletic performance feedback data of distance, speed, and pace was disclosed, and that
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`the function of the claim must be interpreted commensurate with the scope of the supported
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`structure disclosed in the specification.
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`Dated: March 8, 2021
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`Respectfully Submitted,
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`
` /s/ Ruben J. Rodrigues
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John Custer (BBO 705,258)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@foley.com
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`
`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
`ethompson@foley.com
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`Counsel for Plaintiff
` Philips North America LLC
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`2
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`Case 1:19-cv-11586-FDS Document 161 Filed 03/08/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above document was
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`served on March 8, 2021 on counsel for Defendant via the Court’s ECF system.
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`By: /s/ John W. Custer
` John W. Custer
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