`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`PHILIPS NORTH AMERICA LLC,
`
`v.
`
`FITBIT LLC,
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`
`
`JOINT MOTION OF THE PARTIES FOR LEAVE TO FILE A REPLY AND SUR-
`REPLY ON PLAINTIFF’S MOTION TO STRIKE AFFIRMATIVE DEFENSES AND
`JOINT STIPULATION RELATING TO THE SAME
`
`
`
`Plaintiff Philips North America LLC (“Philips”) and Fitbit LLC (“Fitbit”) hereby jointly
`
`stipulate and request that the Court permit limited additional briefing on Plaintiff’s pending Motion
`
`to Strike Affirmative Defenses (Dkt. No. 236) according to the following proposed terms:
`
`(1) Philips to file a Reply no longer than ten (10) pages by October 7, 2021,
`
`(2) Fitbit to file a Sur-Reply no longer than ten (10) pages by October 14, 2021.
`
`Further, Fitbit intends to file an amended answer under Rule 15(a)(1)(B), to make a limited
`
`supplement to its inequitable conduct pleading on October 5, 2021. Philips objects to this amended
`
`pleading as untimely for the same reasons set forth in Philips’s Motion. (See Dkt. No. 237 at 8-
`
`9.) However, to the extent Fitbit’s amended answer is not found to be untimely, and in view of
`
`the limited changes to the pleading, Philips consents to the amendments, and in any event, the
`
`parties agree and stipulate that Philips’s presently pending Motion to Strike Affirmative Defenses
`
`(Dkt. 236) and subsequent briefing thereon may act as the operative response to Fitbit’s amended
`
`pleading filed on October 5, 2021.
`
`Additionally, expert reports are presently due to be exchanged in this matter on November
`
`12, 2021 (See Dkt. 231). In light of Philips’s pending Motion to Strike Fitbit’s inequitable conduct
`
`1
`
`
`
`Case 1:19-cv-11586-FDS Document 244 Filed 10/05/21 Page 2 of 4
`
`defense, and a desire of the parties to avoid potentially unnecessary work pending a decision on
`
`that motion, the parties hereby agree and stipulate that the November 12, 2021 deadline for the
`
`service of opening expert reports shall not apply to any expert reports relating to inequitable
`
`conduct, and that the parties shall meet and confer with regards to a future schedule on exchanging
`
`expert reports with regard to inequitable conduct issues, and any subsequent expert discovery
`
`relating thereto. Fitbit has further represented that it will seek to take the deposition of Mr. Helget
`
`if Philips’s Motion to Strike is not granted, and Philips agrees to meet and confer on the scheduling
`
`of the same prior to the service and exchange of any expert reports on inequitable conduct.
`
`WHEREFORE, Philips and Fitbit hereby respectfully request that the Court grant the
`
`parties’ joint motion and joint stipulation.
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 244 Filed 10/05/21 Page 3 of 4
`
`
`
`
`
`
`
`
`
` Respectfully Submitted,
`
`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`dshaw@desmaraisllp.com
`DESMARAIS LLP
`1701 Pennsylvania Ave., Suite 200
`Washington, D.C. 20006
`Telephone: (202) 451-4900
`Facsimile: (202) 451-4901
`
`Karim Z. Oussayef (pro hac vice)
`koussayef@desmaraisllp.com
`Leslie M. Spencer (pro hac vice)
`lspencer@desmaraisllp.com
`Brian D. Matty (pro hac vice)
`bmatty@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`
`Ameet A. Modi (pro hac vice)
`amodi@desmaraisllp.com
`DESMARAIS LLP
`101 California Street
`San Francisco, CA 94111
`Telephone: (415) 573-1900
`Facsimile: (415) 573-1901
`
`Gregory F. Corbett (BBO # 646394)
`gcorbett@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 646-8000
`Facsimile: (617) 646-8646
`
`Attorneys for Fitbit, Inc.
`
`
`Dated: October 5, 2021
`
`
`/s/ Ruben J. Rodrigues
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`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
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@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
`
`
`Counsel for Plaintiff Philips North America
`LLC
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 244 Filed 10/05/21 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on October 5, 2021 a copy of the foregoing document
`
`was filed with the Court through the ECF system and that a copy will be electronically served on
`
`registered participants as identified on the Notice of Electronic Filing.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Ruben J. Rodrigues
`
` Ruben J. Rodrigues
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
