Case 1:19-cv-11586-FDS Document 168-3 Filed 03/31/21 Page 1 of 4
`Case 1:19-cv-11586-FDS Document 168-3 Filed 03/31/21 Page 1 of 4
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` EXHIBIT C
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`EXHIBIT C
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`Case 1:19-cv-11586-FDS Document 168-3 Filed 03/31/21 Page 2 of 4
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`From:
`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Okano, David
`Custer, John W.
`BOST - F - Philips - Fitbit; Philips - Fitbit; Rodrigues, Ruben J.
`RE: Philips v. Fitbit (D. Mass) - Amendment of Contentions
`Friday, December 18, 2020 6:02:58 PM
`mg_info.txt
`
`** EXTERNAL EMAIL MESSAGE **
`John,
`
`At the meet and confer, we also intend to discuss a proposed supplement to Fitbit’s
`invalidity contentions to include (1) prior art identified by Apple and Samsung as part of
`earlier discussions with Philips that was in Philips’ possession but was not produced until
`after the deadline for Fitbit’s local rule disclosures and (2) prior art disclosed by third-party
`ICON Health and Fitness in response to Fitbit’s subpoena that was also not disclosed until
`after the deadline for Fitbit’s local rule disclosures.
`
`We will provide a proposed invalidity contention supplement with these two additional items
`on Monday, if not earlier.
`
`
`David
`
`From: jcuster@foley.com <jcuster@foley.com>
`Sent: Friday, December 18, 2020 10:35 AM
`To: Okano, David <davidokano@paulhastings.com>
`Cc: BOSTFPhilipsFitbit@foley.com; Philips - Fitbit <Philips-Fitbit@paulhastings.com>;
`RRodrigues@foley.com
`Subject: [EXT] RE: Philips v. Fitbit (D. Mass) - Amendment of Contentions
`
`Hey David,
`
`Attached please find infringement charts for the Sense, Versa 3, Inspire 2, and Charge 4 devices.
`
`Let’s schedule a meet and confer on Tuesday, December 22nd at 2:00 pm EST (11:00 am PT).
`
`Best,
`John Custer
`Foley & Lardner LLP
`111 Huntington Avenue | Suite 2500
`Boston, MA 02199-4001
`P 617.226.3148
`
`
`
`From: Okano, David <davidokano@paulhastings.com>
`
`

`

`Case 1:19-cv-11586-FDS Document 168-3 Filed 03/31/21 Page 3 of 4
`
`Sent: Tuesday, December 15, 2020 11:39 PM
`To: Rodrigues, Ruben J. <RRodrigues@foley.com>
`Cc: BOST - F - Philips - Fitbit <BOSTFPhilipsFitbit@foley.com>; Philips - Fitbit <Philips-
`Fitbit@paulhastings.com>
`Subject: RE: Philips v. Fitbit (D. Mass) - Amendment of Contentions
`
`** EXTERNAL EMAIL MESSAGE **
`Ruben,
`
`As you can understand, we will not be able to assess whether Fitbit will oppose
`Philips’ motion without seeing the proposed amended infringement contentions. At a
`minimum, providing some necessary detail in advance of the meet-and-confer will
`allow the parties to have a more productive discussion.
`
`What patent or patents does Philips contend that the Sense, Versa 3, Inspire 2, and
`Charge 4 infringe? In addition, please identify the “new features” introduced by
`these products that Philips believes are relevant to its allegations in this case. Does
`Philips seek to amend its contentions to accuse these “new features” of
`infringement?
`
`We are able to meet and confer next week on Monday afternoon between 1-3 PT or
`Tuesday between 11 AM – 1 PM PT.
`
`
`David
`
`From: RRodrigues@foley.com <RRodrigues@foley.com>
`Sent: Monday, December 14, 2020 11:52 AM
`To: Okano, David <davidokano@paulhastings.com>
`Cc: BOSTFPhilipsFitbit@foley.com; Philips - Fitbit <Philips-Fitbit@paulhastings.com>
`Subject: [EXT] Philips v. Fitbit (D. Mass) - Amendment of Contentions
`
`Hi David,
`
`As I suggested during one of the deposition last week, Philips will be seeking leave to amend
`its infringement contentions to add the products released by Fitbit since the service of
`Philips’s original contentions, including the Sense, Versa 3, Inspire 2, and Charge 4. These
`products infringe for many of the same reasons already set forth in the contentions for
`related products, but appear to have also introduced new features as well. Please advise as
`to whether Fitbit will agree to the amendment, or whether a meet and confer would be
`helpful. If Fitbit will not agree, we intend to file our motion by the end of this week.
`
`Regards,
`
`-Ruben
`
`Ruben J. Rodrigues
`Foley & Lardner LLP
`111 Huntington Ave, Suite 2600
`Boston, MA 02199
`
`

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`Case 1:19-cv-11586-FDS Document 168-3 Filed 03/31/21 Page 4 of 4
`
`rrodrigues@foley.com
`617-502-3228 (office)
`617-763-5089 (mobile)
`
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