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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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`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-IT
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`JOINT CLAIM CONSTRUCTION AND PREHEARING STATEMENT
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`Pursuant to the Court’s Scheduling Order (Dkt. 54), Plaintiff Philips North America LLC
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`(“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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`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.
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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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`The parties agree that 2.5 hours should suffice and agrees that a 10 minute introduction
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`followed by arguments on each term is appropriate.
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`The parties propose to present their arguments by grouping the disputed terms by patent,
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`and proceeding with the argument term-by term, with the party advocating for a particular
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`construction going first. The parties further propose to present the patents in this order: ’007,
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`’958, ’233, and ’377.
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`B. Live Witnesses
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`Case 1:19-cv-11586-IT Document 68 Filed 05/26/20 Page 2 of 4
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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 68 Filed 05/26/20 Page 3 of 4
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`Dated: May 26, 2020
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`PHILIPS NORTH AMERICA LLC,
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`By its attorneys,
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`
`/s/ Ruben Rodrigues
`Ruben Rodrigues (BBO 676,573)
`Lucas I. Silva (BBO 673,935)
`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
`rrodrigues@foley.com
`lsilva@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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`FITBIT, INC.
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`By Its Attorneys,
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`/s/ David Beckwith
`Yar R. Chaikovsky
`yarchaikovsky@paulhastings.com
`Chad Peterman
`chadpeterman@paulhastings.com
`Dave Beckwith
`davidbeckwith@paulhastings.com
`David Okano
`davidokano@paulhastings.com
`Radhesh Devendran
`radheshdevendran@paulhastings.com
`Berkeley Fife
`berkeleyfife@paulhastings.com
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`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, California 94304-1106
`Telephone: 1(650) 320-1800
`Facsimile:
`1(650) 320-1900
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`
` 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
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`E-mail: jfurey@goulstonstorrs.com
`aoconnor@goulstonstorrs.com
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`- 3 -
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`Case 1:19-cv-11586-IT Document 68 Filed 05/26/20 Page 4 of 4
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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 26, 2020
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`By: /s/ John Custer
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