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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 LLC,
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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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`JOINT STIPULATION TO PARTIALLY STAY PROCEEDINGS RELATED TO U.S.
`PATENT NO. 7,088,233
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`Plaintiff Philips North America LLC (“PNA”) and Defendant Fitbit LLC (“Fitbit”), hereby
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`file this Joint Stipulation to Stay Proceedings with respect to U.S. Patent No. 7,088,233 (“the ’233
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`patent”) pending a resolution of any appeals of the Patent Trial and Appeal Board’s Final Written
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`Decision in IPR2020-00783.
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`On October 4, 2021, the Patent Trial and Appeal Board (“PTAB”) issued a final written
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`decision in IPR2020-00783 finding all asserted claims of the ’233 Patent unpatentable. PNA is
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`considering an appeal of that decision. The parties have met and conferred and stipulate to a partial
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`stay of this case that would apply to proceedings related to ’233 patent while proceedings relating
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`to U.S. Patent No. 8,277,377 (“the ’377 patent) (which is not the subject of any instituted IPR
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`proceeding) would proceed.
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`For the foregoing reasons, the parties stipulate to stay proceedings with regard the ’233
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`patent pending PNA’s appeal of the PTAB’s final written decision and respectfully request the
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`Court enter this stipulation such that present deadlines need not apply with regard to proceedings
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`in this action to the extent they relate to the ’233 Patent.
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`1
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`Case 1:19-cv-11586-FDS Document 251 Filed 10/20/21 Page 2 of 3
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`Dated: October 20, 2021
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`Respectfully Submitted,
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`/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
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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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`Counsel for Plaintiff
`Philips North America LLC
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` /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
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`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
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`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
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`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
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`Attorneys for Fitbit, Inc.
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`Case 1:19-cv-11586-FDS Document 251 Filed 10/20/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed with
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`the Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`By: /s/ Ruben J. Rodrigues
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