`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`PHILIPS NORTH AMERICA LLC,
`
`v.
`
`FITBIT, INC.,
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`PLAINTIFF’S MOTION TO STRIKE PORTIONS OF NOVEMBER
`16, 2021 EXPERT REPORT OF JOSEPH A. PARADISO AS TO
`PREVIOUSLY WITHHELD PRIOR ART AND INDEFINITENESS
`DEFENSE
`
`Plaintiff Philips North America LLC (“Philips”) respectfully moves to strike certain
`
`portions of the Expert Report of Joseph A. Paradiso, PH.D. Regarding Invalidity of U.S. Patent
`
`No. 8,277,377 (“Paradiso Report”) dated November 16, 2021. More specifically, Philips seeks to
`
`strike paragraphs 169-170, 207-216, 237-238, 246-250, 302-307, 489-494, 727, 730-732, 747,
`
`755-757, 987, 1031 as well as the fourth row of the table in paragraph 318 and the seventh row of
`
`the table that appears on page 146 of the Paradiso Report as these portions of the Paradiso Report
`
`include discussion of prior art and invalidity theories that were not properly disclosed by
`
`Defendant Fitbit, Inc. (“Fitbit”) in accordance with Local Rule 16.6(d)(4). Philips also asks the
`
`Court to preclude Fitbit from alleging any invalidity theories based on the previously undisclosed
`
`prior art and from alleging that any of the asserted claims of the ’377 Patent are invalid as
`
`indefinite.
`
`Based on the reasons set out in the accompanying memorandum in support of this motion,
`
`Philips respectfully requests that the Court GRANT this motion.
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 259 Filed 12/13/21 Page 2 of 4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
` /s/ Eley O. Thompson
`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
`
`
`Dated: December 13, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 259 Filed 12/13/21 Page 3 of 4
`
`LOCAL RULE 7.2 CERTIFICATION
`
`I, John W. Custer, counsel for Philips North America LLC, hereby certify that we have
`
`conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion, but after a
`
`good faith attempt to reach agreement, the parties did not do so.
`
`
`
`Dated: December 13, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ John W. Custer
`John W. Custer
`
`
`
`
`Case 1:19-cv-11586-FDS Document 259 Filed 12/13/21 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that 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.
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ John W. Custer
`
`
`
`
`
`
`
`
`
`
`
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
