`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 1 of 7
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`EXHIBIT 9
`EXHIBIT 9
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`LAST NAME
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`|ara
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`INVENTOR(s)/APPLICANT(s)
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`FIRST NAME
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`Roger
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` ies
`MIDDL
`INITIAL
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`J.
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`RESIDENCE (CITY AND EITHER STATE OR
`FOREIGN COUNTRY)
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`Mill Valley, California USA
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`TITLE OF THE INVENTION(280 characters max)
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`Method and Apparatus for Health and Disease Management Combining Patient
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`CORRESPONDENCE ADDRESS
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`Data Monitoring with Wireless Internet Connectivity
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`WILSON SONSINI GOODRICH & ROSATI
`650 Page Mill Road
`Palo Alto, California 94304-1050
`Telephone: (650) 493-9300
`Facsimile: (650) 493-6811
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`i
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`ENCLOSED APPLICATION PARTS(check all that apply)
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`Cl
`Small Entity Statement
`NumberofPages
`Specification
`3.
`Number ofSheets 2.
`0
`Other(specify)
`Drawing(s)
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` METHOD OF PAYMENT(check one)
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`PROVISIONAL FILING
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`XO
`A check or money order is enclosed to cover the Provisionalfiling fees.
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`FEE AMOUNT($)
`The Commissioneris hereby authorized to charge filing fees and credit
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`Deposit Account Number: 23-2415 (Docket No. 24450-701)
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`$150.00
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`The invention was made by an agency of the United States Governmentor under a contract with an agency of the United States Government.
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`the same of fhe W_S. Government agency and the Government contract numbers are:
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`Respectfully subth
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`x
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`No.
`*SS,
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`SIGNATURE
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`Date:
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`_December 17, 1999
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`caeLREFeeerreeserese+samen
`~~ ~« Case 1:19-cv-}1586-FDS Dppumpny 265797 Filed 01/04/22 Page2 ofAlPLOY
`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 2 of 7
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`PTO/SB/16 (6-93)
`Approved for use through 04/11/98. OMB0651-0037
`Patent and Trademark Office; U.S DEPARTMENT OF COMMERCE
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`PROVISIONAL APPLICATION COVER SHEET
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`This is a request forfiling a PROVISIONAL APPLICATION under 37 CFR § 1.53(c)
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`2 =
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`Drew R. Herndon
`Nameof person signing
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`Express Mail label number £L341845416US_ Date of Deposit December 17, 1999
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`T hereby certify that this paperor fee is being deposited with the United States Postal Service
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`"Express Mail Post Office to Addressee" service under 37 CFR § 1.10
`on the date indicated above and is addressed to the Assistan{(Commissioner for Patents, Washington, DC 20231. =
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`Type a plus sign
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`Number|24450-701 box +
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`TYPED or PRINTED NAME _Paul Davis REGISTRATION NO._29,294
`(if appropriate)
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`Additional inventors are being named on separately numbered sheets attached hereto.
`PROVISIONAL APPLICATION FILING ONLY
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`CANRPORTBLIPALibINDRHM117525.1
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`STaaeee
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`Fitbit_19-11586_00000047
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`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 3 of 7
`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 3 of 7
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`DECLARATION OF INVENTION FOR PROVISIONAL PATENT APPLICATION
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`Method and Apparatusfor Health and Disease Management Combining Patient
`Data Monitoring with Wireless Internet Connectivity
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`Background of the Invention
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`Previous inventions by the Inventor addressed the need to reduce health care costs
`through providing educationalhealth care information and interactive physiological
`monitoring in the home environment by meansofa user-friendly, interactive system
`(Patent #5,601,435 & CIPs). The previous inventions were based on a video game
`console, or a multimedia player (such as that manufactured by Philips/Magnavox)using a
`conventionaltelevision screen as the display device to achieve a system whichis simpler
`to use than systems based on a personal computer.
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`Although the personal computeris prevalentis the U.S., it is too expensivefor a
`consumerphysiological monitoring system andthere are many people whofindit too
`complicated to set up and use for that purpose. High-risk, chronicallyill patients, with
`diseases such as diabetes, asthma or cardiac abnormalities are responsible for more than
`half of health care costs in the US and form the fastest growing segmentasa result of our
`aging population. However,it is the aging, chronically ill patient who is most likely not
`to be able to afford or use a system built around a personal computer.
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`Theinitial embodimentof the previous inventionsutilized a compact disc to provide
`interactive information for disease management. In subsequent embodiments,the
`information could also be delivered from a server via a multimedia appliance with an
`Internet connection to the World Wide Web. The advent oftelevision sets with built-in
`connections to the Internet (e.g. WebTV) provided yet another embodiment. Various
`medical devices, such as a blood glucose monitor, blood pressure recorder, respiratory
`flow meter or ambulatory ECG recorder, could be connected to the system. The data from
`the medical devices could controlthe display of information presented to the patient and
`be stored for review by a health care provider.
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`With the growing adoptionofthe Internet, there has been a rapid increase in the number
`of patients using it to obtain health care information relating to both the managementof
`diseases such as diabetes, or to the developmentofa healthylife style, such as by
`exercise and diet. There are thousandsofhealth care related web sites available and there
`are many companies collecting health care information and providing interactive
`information to patients via the Internet.
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`seoaea ‘SiscseCH
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`The advent of technology for wireless Internet connectivity enables an alternative system
`for interactive physiological monitoring and providing health-related information that is
`even less expensive andeasier to use than one based onatelevision display. In addition,
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`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 4 of 7
`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 4 of 7
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`the deployment of voice processing technology will enable the ultimate user interface: i.e.
`one to which patients can talk. One type of a wireless web device (WWD)currently
`available is the personal digital assistant (PDA) equipped with a wireless modem (e.g.
`Palm Pilot). Anther type of WWDis the web-enabled cell-phone (WEP) and the new
`generation of WEPsalso offers a voice-activated interface. A third type of WWD under
`development is a combination of both a computer anda cell-phone.
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`Software can be downloaded to the WWDfromaserver to provide a personalized display
`for the user, update information from health and disease management service companies,
`and contro] devices connected via a dataport to the WWD. The information supplied by
`health care web sites must be specially designedto suit the constraints of the small
`display screens of WWDs. However, the early adoption of such devices in Europe has
`demonstratedthat their use to display information derived from the web is acceptable to
`consumers.
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`Wireless Internet connectivity has the advantage thatthe patient is not constrained to the
`place where the personal computer, information appliance ortelevision set is located.
`For example, a diabetic could connect a blood glucose meter to a web-enabled cell phone
`while away from home and download data to a Diabetes Management Company’s server
`and in response receive guittance displayed on the screen (or by voice) about choices for
`the next meal. Alternatively, the same person may take the WWDtothelocal
`gymnasium, send data output from various exercise machinesoverthe Internet and
`receive a personalized response from the server of a companyspecializing in Health &
`Lifestyle Management. The connection of the WWDto a medical device, exercise
`machine or other health care equipment could be via a standardized data port, an adapter
`to extant interfaces such as RS232, infra red, radio frequency, or by default, the patient
`inputting data on the keypad.
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`Several companies have developed interactive voice response systems (IVR) for disease
`management which use extensive telephone menutrees, but these do not provide for
`connections to medical devices orthe interactive display of data. Other companies
`provide medical devices equipped with modems,but these also do not provide the
`interactive display of health management information. Some companies(e.g. Health Hero
`Network Inc.) do offer systems with medical devices connected to the Internet to collect
`data and provide interactive patient information. However, these systems use a personal
`computer, a television screen, or proprietary appliance for the user interface and not a
`WWD; hence they are more expensive, more complicated to use, and lack mobility in
`comparison to the present invention.
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`Summaryof the Invention
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`The present invention is a method and system forassisting patients to manage a disease
`or maintain a healthy lifestyle by collecting patient data and providing information in
`response to those data by means of a wireless device designed to display interactive
`information through an connection to the Internet.
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`Fitbit_19-11586_00000049
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`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 5 of 7
`Case 1:19-cv-11586-FDS Document:265-9 Filed 01/04/22 Page5of 7
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`In the preferred embodimentof the present invention, a web-enabled wireless phone(e.g.
`Sprint PCS Phone) is coupled to a medical monitoring device, such as (but not limited to)
`a blood glucose meter. An adapter is used if necessary to convert the output signal of the
`medical data monitor to a suitable input signal for the phone. The patient connects to a
`specific Internet site and a software program,resident on a remote server located on the
`Internet, downloadsan interactive user interface for that patient and the measurementof
`the physiological data. Further information may be providedto the patient in response to
`the data or to other inputs that have been entered by voice or keypad.
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`In place of a conventional medical monitoring device, the web-enabled wireless phone
`may be coupled to other devices which provide health related information data, such as
`an electronic scale, a body fat gauge, biofeedback devices, physio-therapy or chiropractic
`equipment, or any type of exercise machine. The user connectsto the Internet and a
`software program,resident on a remote server located on the Internet, captures data from
`the coupled device and downloads interactive information that relates to health
`management. Further information may be provided to the user in responseto the data or
`to other inputs that have been entered by voice or keypad.
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`In an alternative embodiment of the present invention the web-enabled wireless phoneis
`replaced in the above applications by a palm computeror “personal digital assistant”
`(PDA)that is equipped with a wireless modem and a webinterface (e.g., the Palm Pilot
`Internet models).
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`In an alternative embodiment of the present invention, the web-enabled wireless phone,
`or wireless PDA,is replaced in the above applications by a device that combines the
`functions of a computer, PDA anda telephone, such asthe next generation of cell-phones
`or satellite phones that have been demonstrated by several manufacturers.
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`Inventor
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`I hereby declare that I am the Inventor of the above-described invention on this date.
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`Signed,
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`Roger J. Quy Ph.D.
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`Date, Narenbey be \AAM .
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`Fitbit_19-11586_00000050
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`| EKALS \T Gase 1:19.cv-11586-FDS Document 265-9 Filed 01/04/22 Page 6 of 7
`Case 1:19-cv-11586-FDS Document 265-9 Filed 01/04/22 Page 6 of 7
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