Case 1:19-cv-11586-IT Document 68-1 Filed 05/26/20 Page 1 of 5
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
` “means for
`computing athletic
`performance
`feedback data from
`the series of time
`stamped waypoints
`obtained by said
`GPS receiver”
`
`a processor (and equivalents
`thereof) that determines any of the
`following from a series of time
`stamped waypoints obtained by
`said GPS receiver during an
`exercise session: elapsed distance
`of an athlete; current or average
`speed of an athlete; current or
`average pace of an athlete
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`35 U.S.C. § 112, ¶ 6
`
`
`
`Function: computing athletic
`performance feedback data from
`the series of time stamped
`waypoints obtained by said GPS
`receiver. Col.7:45-48.
`
`“athletic performance feedback
`data” means: elapsed distance,
`current and average speeds and
`paces, calories burned, miles
`remaining and time remaining
`
`a processor and equivalents
`thereof (see, e.g., Fig.6, col. 5 ll.
`36-40 and col. 9 ll. 31-35.)
`
`Structure: a processor, Fig. 6,
`Col.7:36-50, 7:52-56.
`
`
`Function:
`
`computing athletic performance
`feedback data [as construed above
`as elapsed distance of an athlete,
`current or average speed of an
`athlete, and current or average
`pace of an athlete] from the series
`of time stamped waypoints
`obtained by said GPS receiver
`
`Indefinite. This means-plus-
`function term is indefinite under
`35 § 112, ¶ 2 because the
`specification does not provide
`actual algorithm to perform the
`function as required under law
`
`PATENT &
`CLAIMS
`
`U.S. Pat. No.
`6,013,007
`
`Claims 1, 21
`
`
`
`
`
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
` “means for
`computing athletic
`performance
`feedback data from
`the series of time
`stamped waypoints
`obtained by said
`GPS receiver”
`
`a processor (and equivalents
`thereof) that determines any of the
`following from a series of time
`stamped waypoints obtained by
`said GPS receiver during an
`exercise session: elapsed distance
`of an athlete; current or average
`speed of an athlete; current or
`average pace of an athlete
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`35 U.S.C. § 112, ¶ 6
`
`
`
`Function: computing athletic
`performance feedback data from
`the series of time stamped
`waypoints obtained by said GPS
`receiver. Col.7:45-48.
`
`“athletic performance feedback
`data” means: elapsed distance,
`current and average speeds and
`paces, calories burned, miles
`remaining and time remaining
`
`a processor and equivalents
`thereof (see, e.g., Fig.6, col. 5 ll.
`36-40 and col. 9 ll. 31-35.)
`
`Structure: a processor, Fig. 6,
`Col.7:36-50, 7:52-56.
`
`
`Function:
`
`computing athletic performance
`feedback data [as construed above
`as elapsed distance of an athlete,
`current or average speed of an
`athlete, and current or average
`pace of an athlete] from the series
`of time stamped waypoints
`obtained by said GPS receiver
`
`Indefinite. This means-plus-
`function term is indefinite under
`35 § 112, ¶ 2 because the
`specification does not provide
`actual algorithm to perform the
`function as required under law
`
`PATENT &
`CLAIMS
`
`U.S. Pat. No.
`6,013,007
`
`Claims 1, 21
`
`
`
`
`
`
`Case 1:19-cv-11586-IT Document 68-1 Filed 05/26/20 Page 2 of 5
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`
`
`35 U.S.C. § 112, ¶ 6
`
`Function: suspending and
`resuming operation of said
`means for computing when a
`speed of the athlete falls below
`a predetermined threshold
`
`Structure: This means-plus-
`function term is indefinite under 35
`§ 112, ¶ 2 because specification does
`not provide structure and an actual
`algorithm to perform the function as
`required under law
`
`Not Indefinite
`
`“means for
`suspending and
`resuming operation
`of said means for
`computing when a
`speed of the athlete
`falls below a
`predetermined
`threshold”
`
`
`
`a processor (and equivalents
`thereof) that suspends said
`computing when a speed of the
`athlete is below a predetermined
`threshold and resumes said
`computing when a speed of the
`athlete is not below said
`predetermined threshold
`
`35 U.S.C. § 112, ¶ 6
`
`Structure:
`
`a processor and equivalents
`thereof (see, e.g., Fig.6, col. 5 ll.
`36-40 and col. 9 ll. 31-35.)
`
`Function:
`
`resuming
`and
`suspending
`operation of said means
`for
`computing when a speed of the
`athlete falls below a predetermined
`threshold (as construed above)
`
`Not Indefinite
`
`PATENT &
`CLAIMS
`
`U.S. Pat. No.
`6,013,007
`
`Claim 7
`
`
`
`
`
`
`Case 1:19-cv-11586-IT Document 68-1 Filed 05/26/20 Page 3 of 5
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`No construction necessary
`
`“in the event of an
`interruption of the
`wireless
`connection . . .
`configured to store”
`
`Claim 16: stores the health
`parameter or visual data in a
`memory or on the removable
`memory device in response to the
`event
`
`Claim 15: stores the health
`parameter from the health
`monitoring device in a memory or
`on a removable memory device in
`response to the event
`
`“memory”
`
`No construction necessary.
`
`persistent data storage
`
`
`
`Alternatively: any device capable
`of storing information, including
`temporary storage
`
`“internet-enabled
`wireless web
`device”
`
`a device designed to display
`interactive information through a
`connection to the Internet
`
`No construction necessary
`
`“health parameter
`indicative of a
`disease state or
`
`No construction necessary.
`
`
`
`information used by health care
`professionals in medically
`diagnosing / treating a patient
`
`
`
`
`
`
`
`
`
`PATENT &
`CLAIMS
`
`U.S. Pat. No.
`6,976,958
`
`Claims 15, 16
`
`U.S. Pat. No.
`6,976,958
`
`Claims 15, 16
`
`U.S. Pat. No.
`6,976,958
`
`Claims 15, 16
`
`U.S. Pat. No.
`6,976,958
`
`
`
`
`
`
`Case 1:19-cv-11586-IT Document 68-1 Filed 05/26/20 Page 4 of 5
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`PATENT &
`CLAIMS
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`Claims 15, 16 condition of a
`patient” (Claim 15)
`
`
`
`“health parameter
`or visual data
`corresponding to a
`patient’s disease
`state or condition”
`(Claim 16)
`
`“governing
`information
`transmitted between
`the first personal
`device and the
`second device.”
`
`U.S. Pat. No.
`7,088,233
`
`Claims 1
`
`Alternatively: “the health
`parameter indicative of [or visual
`data corresponding to] a disease
`state or condition of a person
`under the care of a physician or a
`healthy individual interested in
`maintaining a healthy physiologic
`balance.”
`
`controlling the transmission of
`information between the first
`personal device and the second
`device
`
`
`
`No construction necessary
`
`U.S. Pat. No.
`7,088,233
`
`“first personal
`device”
`
`No construction necessary.
`
`personal medical device
`
`
`
`Alternatively: a device for private
`use by a person
`
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-IT Document 68-1 Filed 05/26/20 Page 5 of 5
`
`
`
`Exhibit A
`Philips North America, LLC v. Fitbit, Inc. (D. Mass) Case No. 1:19-cv-11586-IT
`Joint Claim Construction Chart
`
`
`PATENT &
`CLAIMS
`
`TERM
`
`PHILIPS’ CONSTRUCTION
`
`FITBIT’S CONSTRUCTION
`
`COURT’S CONSTRUCTION
`
`
`
`
`
`U.S. Pat. No.
`7,088,233
`
` “wireless
`communication”
`
`an over-the-air communication
`(e.g. using radiofrequency (RF),
`infrared, or optical techniques)
`
`No construction necessary
`
`
`
`“indicating a
`physiologic status
`of a subject”
`
`No construction necessary.
`
`indication of a subject’s current
`physiological state
`
`Claims 1, 13,
`15, 16
`
`U.S. Pat. No.
`8,277,377
`
`
`
`
`
`
`
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