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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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`FITBIT’S MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY
`RELATING TO CLAIM CONSTRUCTION
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`COMES NOW Defendant Fitbit, Inc. (“Fitbit” or “Defendant”) and respectfully submits
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`this motion for leave to Submit Supplemental Authority relating to Claim Construction. The
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`District Court in Philips North America LLC v. Garmin Int’l, Inc. et al. Case No. 2:19-CV-06301-
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`AB-KS issued its Claim Construction Order, attached (the Order) on August 28, 2020. The Order
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`addresses overlapping claim terms for the same patents under consideration by this Court,
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`including the following:
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`‘007 patent
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`Term:
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`Court’s construction:
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`“means for computing”
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`Indefinite under 35 U.S.C. §112
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`“means for suspending and resuming operation
`of said means for computing when a speed of
`the athlete falls below a predetermined
`threshold”
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`Moot, based on determination that “means for
`computing” term is indefinite
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`Case 1:19-cv-11586-IT Document 98 Filed 09/01/20 Page 2 of 5
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` ‘233 patent
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`Term:
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`Court’s construction:
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`“first personal device”
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`“wireless communication”
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`“governing information transmitted between
`the first personal device and the second
`device”
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`first personal medical device
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`No construction, rejecting Philips’ proposed
`construction
`No construction, rejecting Philips’ proposed
`construction
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`Dated: September 1, 2020
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`FITBIT, INC.
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`By Its Attorneys,
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`/s/ Yar R. Chaikovsky
`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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`Case 1:19-cv-11586-IT Document 98 Filed 09/01/20 Page 3 of 5
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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
`E-mail: jfurey@goulstonstorrs.com
`aoconnor@goulstonstorrs.com
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`- 3 -
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`Case 1:19-cv-11586-IT Document 98 Filed 09/01/20 Page 4 of 5
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`LOCAL RULE 7.1 CERTIFICATION
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`I, David Beckwith, counsel for Defendant Fitbit, Inc., hereby certify that we have
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`conferred with counsel for Philips North America, LLC to resolve the issues presented in this
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`motion, but after a good faith attempt to reach agreement, the parties did not do so.
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`Dated: September. 1, 2020
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`By: /s/ David Beckwith
`David Beckwith (pro hac vice)
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`- 4 -
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`Case 1:19-cv-11586-IT Document 98 Filed 09/01/20 Page 5 of 5
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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: September 1, 2020
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`By: /s/ Yar R. Chaikovsky
`Yar R. Chaikovsky (Pro Hac Vice)
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`- 3 -
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