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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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`[PROPOSED] ORDER DISMISSING AND ENTERING FINAL JUDGMENT
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`v.
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`FITBIT, INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`Before the Court is Plaintiff Philips North America’s Renewed Motion to Dismiss and
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`Enter Final Judgment, which is unopposed by Defendant Fitbit, Inc.
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`In view of the Motion and in accordance with the Federal Circuit’s April 6, 2023 affirmance
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`of the PTAB’s Final Written Decision in IPR202-00783 finding all asserted claims of U.S. Patent
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`No. 7,088,233 (the “’233 Patent) unpatentable, the Court hereby DISMISSES WITH
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`PREJUDICE all claims with regard to the ’233 Patent and DISMISSES WITHOUT
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`PREJUDICE all counterclaims with regard to the ’233 Patent.
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`Further, in view of the Motion and in accordance with this Court’s rulings at Dkt. Nos.
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`212, 401 & 414, and good cause appearing, the Court hereby enters FINAL JUDGMENT of
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`invalidity as to the asserted claims of U.S. Patent No. 6,013,007 and invalidity as to the asserted
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`claims of U.S. Patent No. 8,277,377 and DISMISSES WITHOUT PREJUDICE any
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`counterclaims remaining in this matter.
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`So Ordered.
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`DATE:_______________
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`BY THE COURT:
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`/s/
`Chief Judge F. Dennis Saylor IV
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