`Case 1:19-cv-11586—FDS Document 200-18 Filed 06/18/21 Page 1 of 5
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`EXHIBIT R
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`EXHIBIT R
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`Case 1:19-cv-11586-FDS Document 200-18 Filed 06/18/21 Page 2 of 5
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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. 1:19-cv-11586-IT
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`PLAINTIFF PHILIPS NORTH AMERICA LLC’S SUPPLEMENTAL RESPONSES TO
`INTERROGATORY NOS. 1, 2, 3, 11, 13, 14, AND 20
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`Pursuant to Rules 26 and 33 of the Federal Rules of Civil Procedure, Plaintiff Philips
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`North America LLC (“Philips”), by and through its attorneys, provides the following
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`supplemental responses to Defendant’s Interrogatory Nos. 1, 2, 3, 11, 13, 14, and 20.
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`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 1
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`Philips incorporates all prior General and Specific Objections and Responses to
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`Interrogatory No. 1 herein by reference, and further responds as follows:
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`Philips contends that the asserted claims of the ’007 Patent are entitled to claim the
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`benefit of at least the priority date of March 26, 1999. Furthermore, the asserted claims of the
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`’007 Patent have a conception and reduction to practice of at least the priority date of March 26,
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`1999.
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`As detailed in Philips’s First Supplemental Response to Interrogatory No. 5 and exhibits
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`thereto, Philips contends that claims 1, 7-10, 14, 15, 24, and 25 of the ’233 Patent are entitled to
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`claim the benefit of at least the priority date of May 25, 1999. Furthermore, claims 1, 7-10, 14,
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`Case 1:19-cv-11586-FDS Document 200-18 Filed 06/18/21 Page 3 of 5
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`PNA-FB0004840-4845; PNA-FB0004849-5358; PNA-FB0005521-6364; PNA-FB0006523-
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`6529; PNA-FB0006580-6688; PNA-FB0006701-6720; and PNA-FB0006814-6834.
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`Philips reserves the right to supplement its response to this Interrogatory in view of its
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`ongoing investigation and discovery in this case.
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`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 3
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`Philips incorporates all prior General and Specific Objections and Responses to
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`Interrogatory No. 3 herein by reference, and further responds as follows:
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`Philips’s first awareness, knowledge, or belief concerning Fitbit’s alleged infringement of
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`each claim of each of the Patents-in-Suit dates back at least to Philips providing notice to Fitbit
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`of each Patent-in-Suit. Fitbit has had actual knowledge of the ’007, ‘233, and ’377 patents at
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`least by approximately October 10, 2016 by virtue of communications from Philips, such
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`communications providing notice of the patents.
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`Philips identifies the following documents as further responsive to this Interrogatory:
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`PNA-FB0003498-3517; Fitbit_19-11586_0054727-54734
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`Philips reserves the right to supplement its response to this Interrogatory in view of its
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`ongoing investigation and discovery in this case.
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`FIRST SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 11
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`Philips incorporates all prior General and Specific Objections and Responses to
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`Interrogatory No. 11 herein by reference, and further responds as follows:
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`Philips does not make, offer for sale, or sell with in the United States any article that
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`practices the’007 Patent. Nor has Philips done so in the past. Therefore, with respect to the ’007
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`Patent, Philips has complied with 35 U.S.C. § 287. With respect to the ’377 Patent, Philips has
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`only asserted method claims, mooting any marking requirements under 35 U.S.C. § 287. With
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`3
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`Case 1:19-cv-11586-FDS Document 200-18 Filed 06/18/21 Page 4 of 5
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`Dated: November 13, 2020
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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 W. 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
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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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`6
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`Case 1:19-cv-11586-FDS Document 200-18 Filed 06/18/21 Page 5 of 5
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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 November 13, 2020 on counsel for Defendant via electronic mail.
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`/s/ John W. Custer
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`7
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