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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-FDS
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`DECLARATION OF RUBEN J. RODRIGUES IN SUPPORT OF
`PLANTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSES
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`I, Ruben J. Rodrigues, declare as follows:
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`1.
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`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
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`America, LLC (“Philips”).
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`2.
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`I make this declaration in support of Philips’s Motion to Strike Affirmative
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`Defenses.
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`3.
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`I have personal knowledge of the facts set forth herein and, if called to testify in
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`this matter, could and would testify to the following facts.
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`4.
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`Attached as Exhibit A is a true and correct copy of U.S. Patent No. 7,138,902,
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`titled “Precision Medical Device Communication System and Method.”
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`5.
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`Attached as Exhibit B is a true and correct copy of Search Notes from the
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`prosecution history file for U.S. Patent No. 7,138,902, (Application No. 10/490,330).
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`6.
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`Attached as Exhibit C is a true and correct copy of an Office Action Summary
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`from the prosecution history file for U.S. Patent No. 7,138,902, (Application No. 10/490,330),
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`dated March 28, 2005.
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`Case 1:19-cv-11586-FDS Document 238 Filed 09/14/21 Page 2 of 4
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`7.
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`Attached as Exhibit D is a true and correct copy of Notice of Abandonment from
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`the prosecution history file for U.S. Patent No. 7,088,233, (Application No. 10/165,624), dated
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`May 4, 2005.
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`8.
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`Attached as Exhibit E is a true and correct copy of Notice of Allowability from
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`the prosecution history file for U.S. Patent No. 7,138,902, (Application No. 10/490,330), dated
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`June 12, 2006.
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`9.
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`Attached as Exhibit F is a true and correct copy of Response to Rule 312
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`Communication, entering a final amendment from the prosecution history file for U.S. Patent
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`No. 7,088,233, (Application No. 10/165,624), dated June 23, 2006.
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`10.
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`Attached as Exhibit G is a true and correct copy of a DO/EO Worksheet from the
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`prosecution history file for U.S. Patent No. 7,138,902, (Application No. 10/490,330).
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`11.
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`Attached as Exhibit H is a true and correct copy of Chapter 800 of the Manual of
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`Patent Examining Procedure, Eighth Edition, dated August 2001.
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`12.
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`Attached as Exhibit I is a true and correct copy of Chapter 800 of the Manual of
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`Patent Examining Procedure, Eighth Edition Third Revision, dated August 2005.
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`13.
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`Attached as Exhibit J is a true and correct copy of Chapter 800 of the Manual of
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`Patent Examining Procedure, Eighth Edition Fifth Revision, dated August 2006.
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`14.
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`Attached as Exhibit K is a true and correct copy of Notice of Allowance from the
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`prosecution history file for U.S. Patent No. 7,088,233, (Application No. 10/165,624), dated June
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`14, 2004.
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`15.
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`Attached as Exhibit L is a true and correct copy of Notice of Allowance from the
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`prosecution history file for U.S. Patent No. 7,138,902, (Application No. 10/490,330), dated June
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`12, 2006.
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`Case 1:19-cv-11586-FDS Document 238 Filed 09/14/21 Page 3 of 4
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: September 14, 2021
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`/s/ Ruben J. Rodrigues
`Ruben J. Rodrigues
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`Case 1:19-cv-11586-FDS Document 238 Filed 09/14/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed
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`with the Court through the ECF system and that a copy will be electronically served on
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`registered participants as identified on the Notice of Electronic Filing.
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`4814-7707-8523
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`By: /s/ Eley O. Thompson
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