`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`PHILIPS NORTH AMERICA LLC,
`
`v.
`
`FITBIT, INC.,
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 1:19-cv-11586-IT
`
`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
`
`
`
`Pursuant to the Court’s Scheduling Order (Dkt. 54), Plaintiff Philips North America LLC
`
`(“Philips”) and Defendant Fitbit, Inc. (“Fitbit”) jointly submit this claim construction and
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`prehearing statement.
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`I.
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`
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`List of Claim Terms
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`The parties’ have attached as Exhibit A is a chart listing 10 proposed claim constructions
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`in the order of importance as agreed to by the parties.1
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`Separately, Fitbit has attached as Exhibit B a chart with 4 additional claim terms that are
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`the subject of Fitbit’s petition to the Court to construe 4 terms beyond the 10 identified in the
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`agreed chart. Philips opposes the Petition.
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`II.
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`CLAIM CONSTRUCTION HEARING
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`A. Timing and Order of Claim Construction Hearing
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`
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`The parties do not agree on the anticipated length of time necessary for the hearing, and
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`state as follow:
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`1 In an effort to narrow the issues raised during the meet and confer process on claim construction, Philips has
`withdrawn its assertion of Claim 22 of the ’007 Patent.
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`
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`Case 1:19-cv-11586-IT Document 65 Filed 05/14/20 Page 2 of 4
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`Philips Position: Philips believes that 2.5 hours should suffice if only 10 terms are
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`construed, and agrees that a 10 minute introduction followed argument on each
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`term is appropriate. However, Philips believes that some terms may require more
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`time than others and there for does not believe that a strict time limit on argument
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`for each term would be appropriate or necessary.
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`Fitbit Position: Fitbit believes that the hearing will require four hours, given the
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`additional time typically required to address 14 terms and explain and discuss the
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`unique attributes of the 4 means-plus-function claim limitations. Each party will
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`have an allotted 10 minute introduction and then 8 minutes per term.
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`The parties otherwise propose to present their arguments by grouping the disputed terms
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`by patent, and proceeding with the argument term-by term, with the party advocating for a
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`particular construction going first. The parties further propose to present the patents in this
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`order: ’007, ’958, ’233, and ’377.
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`1. Live Witnesses
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`The Parties do not intend to call live witnesses at the Claim Construction hearing.
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`However, Philips could make any expert witnesses that it may rely on in briefing available at the
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`claim construction hearing if the Court finds that it would be helpful to do so.
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`- 2 -
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`Case 1:19-cv-11586-IT Document 65 Filed 05/14/20 Page 3 of 4
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`
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`
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`FITBIT, INC.
`
`By Its Attorneys,
`
`Dated: May 14, 2020
`
`
`PHILIPS NORTH AMERICA LLC,
`
`By its attorneys,
`
`
`/s/ David Beckwith
`/s/ Ruben J. Rodrigues
`Yar R. Chaikovsky
`
`yarchaikovsky@paulhastings.com
`Ruben Rodrigues (BBO 676,573)
`Chad Peterman
`Lucas I. Silva (BBO 673,935)
`chadpeterman@paulhastings.com
`John Custer (BBO 705,258)
`Dave Beckwith
`FOLEY & LARDNER LLP
`davidbeckwith@paulhastings.com
`111 Huntington Avenue
`David Okano
`Suite 2500
`davidokano@paulhastings.com
`Boston, MA 02199-7610
`Radhesh Devendran
`Phone: (617) 342-4000
`radheshdevendran@paulhastings.com
`Fax: (617) 342-4001
`Berkeley Fife
`rrodrigues@foley.com
`berkeleyfife@paulhastings.com
`lsilva@foley.com
`
`
`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
`
`
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, California 94304-1106
`Telephone: 1(650) 320-1800
`Facsimile:
`1(650) 320-1900
`
`
` Jennifer B. Furey (BBO # 634174)
`Andrew T. O’Connor (BBO # 664811)
`GOULSTON & STORRS PC
`400 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 482-1776
`Facsimile: (617) 574-4112
`E-mail: jfurey@goulstonstorrs.com
`aoconnor@goulstonstorrs.com
`
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`- 3 -
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`Case 1:19-cv-11586-IT Document 65 Filed 05/14/20 Page 4 of 4
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`
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`CERTIFICATE OF SERVICE
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`I certify that a true copy of the above document was served on the attorney of record for
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`each party via the Court’s CM/ECF system, which will send notification of this filing (NEF) to
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`all registered participants, and paper copies will be sent to those indicated as nonregistered
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`participants.
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`Dated: May 14, 2020
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`By: /s/ Ruben J. Rodrigues
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