Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 1 of 9
`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 1 of9
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`EXHIBIT 11
`EXHIBIT 11
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 1 of9
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`EXHIBIT 11
`EXHIBIT 11
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 2 of 9
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiff,
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`v.
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`PHILIPS NORTH AMERICA LLC,
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`FITBIT, INC.
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`Defendant.
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`C.A. No. 1:19-cv-11586-IT
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`PLAINTIFF PHILIPS NORTH AMERICA LLC’S FIRST SUPPLEMENTAL L.R.
`16.6(d)(1) DISCLOSURES
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`Pursuant to Local Rule 16.6(d)(1) and in accordance with the deadlines agreed to and
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`adopted by the Court in this action, Philips North America LLC (“Philips,” “Plaintiff” or
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`“Patentee”), by and through its counsel, makes the below Preliminary Patent-Related
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`Disclosures.
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`Discovery in this action is only just beginning, and Defendant has not yet produced any
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`documents or other discovery in this litigation. Accordingly, these disclosures are based solely
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`upon publicly available information and Plaintiff’s present understanding of said publicly
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`available information. Plaintiff’s investigation of the matters disclosed in Preliminary
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`Patent-Related Disclosures is ongoing. Accordingly, Plaintiff may seek to amend,
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`modify, or supplement these disclosures based upon further discovery and investigation.
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`Throughout these disclosures the term “Accused Products” may, depending on context
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`and the specific patent at issue, mean any of the identified activity tracker products offered by
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`Fitbit, as well as any software products related to, associated with, or used in conjunction with
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`said activity tracker products (regardless of whether such software runs on the activity tracker
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 3 of 9
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`itself, a mobile device, desktop/laptop computer, server, or other computing device). For
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`example, “Accused Product” may refer to an activity tracker alone or to a system utilizing the
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`activity tracker in combination with a device running the Fitbit App. An Accused Product may
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`also refer to a system that further includes server-based software and related hardware and
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`software.
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`A.
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`Infringement Claim Charts
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`Attached as Exhibits 1-65 are claim charts detailing Defendant’s infringement of
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`the following U.S. Patents: U.S. Patent Nos. 6,013,007; 7,088,233; 8,277,377; and
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`6,976,958. Plaintiff asserts that Fitbit both directly and indirectly infringes each asserted
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`claim under 35 U.S.C. § 271(a), (b), (c) and (f) by making, using, offering for sale,
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`selling, importing, or exporting the Accused Products or components thereof; directing or
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`controlling the use of the Accused Products by others (whether in whole or in part);
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`actively and knowingly inducing others to use the Accused Products in an infringing
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`manner; and/or contributing to the infringement of others.
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`Plaintiff asserts that each Asserted Claims is literally present in the Accused Products.
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`To the extent that any elements of the Asserted Claims are not literally present, Plaintiff asserts
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`that each element of the Asserted Claims is present under the doctrine of equivalents because any
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`differences between the features of the Accused Product and the corresponding claim elements
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`are insubstantial and/or that these features perform substantially the same functions in
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`substantially the same ways to achieve substantially the same result as the corresponding claim
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`elements.
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`Fibit’s First Amended Complaint (Dkt. 25) also details Fitbit’s infringement and is
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`incorporated herein by reference.
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`2
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 4 of 9
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`A summary of the asserted patents, infringing products, and asserted claims is
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`provided below:
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`U.S. Patent No. 6,013,007
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`Ex.
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`Infringing Product
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`Asserted Claims
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`Fitbit Ionic
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`Fitbit Surge
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`7, 21, 23, 24, 25, 26, 28, 29
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`7, 21, 23, 24, 25, 26, 28, 29
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`1
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`2
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`U.S. Patent No. 7,088,233
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`Ex.
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`Infringing Device
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`Asserted Claims
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`3
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`4
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`5
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`Fitbit Ionic
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`Fitbit Surge
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`Fitbit Versa
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`Fitbit Versa Lite
`Edition
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`1, 7, 8, 9, 10, 13, 14, 15, 16, 22, 24, 25, 26
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`1, 7, 8, 9, 10, 13, 14, 24, 25, 26
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`1, 7, 8, 9, 10, 13, 14, 15, 16, 22, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Charge
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Charge HR
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Charge 2
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Charge 3
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Inspire
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Inspire HR
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Alta
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Alta HR
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`1, 7, 8, 9, 10, 13, 14, 26
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`Fitbit Flex
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`1, 7, 8, 9, 10, 13, 14, 26
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`3
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 5 of 9
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`Fitbit Flex 2
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`Fitbit Ace
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`Fitbit Ace 2
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`Fitbit Zip
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`Fitbit Blaze
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`Fitbit Force
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`Fitbit One
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`1, 7, 8, 9, 10, 13, 14, 26
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`U.S. Patent No. 8,277,377
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`Ex.
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`Infringing Device
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`Asserted Claims
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`24
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`25
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`26
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`27
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`28
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`30
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`31
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`32
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`34
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`36
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`42
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`Fitbit Ionic
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`Fitbit Surge
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`Fitbit Versa
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`Fitbit Versa 2
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`Fitbit Versa Lite
`Edition
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`Fitbit Charge HR
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`1, 4, 5, 6, 9, 12
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`Fitbit Charge 2
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`Fitbit Charge 3
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`Fitbit Inspire HR
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`1, 4, 5, 6, 9, 12
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`Fitbit Alta HR
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`Fitbit Blaze
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`1, 4, 5, 6, 9, 12
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`1, 4, 5, 6, 9, 12
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`4
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 6 of 9
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`U.S. Patent No. 6,976,958
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`Ex.
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`Infringing Device
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`Asserted Claims
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`45
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`46
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`47
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`48
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`49
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`50
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`51
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`52
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`53
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`54
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`55
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`56
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`57
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`58
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`59
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`60
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`61
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`62
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`63
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`64
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`65
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`Fitbit Ionic
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`Fitbit Surge
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`Fitbit Versa
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`Fitbit Versa 2
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`Fitbit Versa Lite
`Edition
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`Fitbit Charge
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`Fitbit Charge HR
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`Fitbit Charge 2
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`Fitbit Charge 3
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`Fitbit Inspire
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`Fitbit Inspire HR
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`Fitbit Alta
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`Fitbit Alta HR
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`Fitbit Flex
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`Fitbit Flex 2
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`Fitbit Ace
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`Fitbit Ace 2
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`Fitbit Zip
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`Fitbit Blaze
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`Fitbit Force
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`Fitbit One
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`15, 16, 17
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`5
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 7 of 9
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`
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`B.
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`Prosecution History
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`Copies of the prosecution histories for each asserted patent, as well as copies of
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`file histories for parent applications and provisional applications, are being produced
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`concurrently with Bates Nos. PNA-FB0001299-PNA-FB0002218 and PNA-FB0002460-
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`PNA-FB0003429. Plaintiff will supplement their production with additional information
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`concerning conception and/or reduction to practice of the invention if and when it falls
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`within Plaintiff’s possession, custody, or control.
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`C. Ownership Evidence
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`Copies of assignments related to the Asserted Patents are being concurrently
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`produced with Bates Nos. PNAFB0002219 - PNAFB0002344.
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`D. Real Parties in Interest
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`Plaintiff is presently unaware of any specific documents identifying real parties in
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`interest beyond Philips North America LLC, though does note that as matter of public
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`record that Philips North America LLC is a subsidiary of Koninklijke Philips N.V., which
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`is publicly traded.
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`6
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 8 of 9
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`Dated: May 15, 2020
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`Respectfully Submitted,
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`
` /s/ Eley O. Thompson
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John W. 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
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`
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`Eley O. Thompson (pro hac vice to be filed)
`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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`7
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`Case 1:19-cv-11586-FDS Document 270-11 Filed 01/05/22 Page 9 of 9
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above document was
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`served on May 15, 2020 on counsel for Defendant via electronic mail.
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`/s/ Ruben J. Rodrigues
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`8
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