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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`FITBIT LLC,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`DEFENDANT FITBIT LLC’S MOTION FOR THE CONSTRUCTION
`OF THREE RELATED CLAIM TERMS
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`Pursuant to District of Massachusetts Local Rule 7.1 and as discussed during the Court’s
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`December 15, 2021 status conference in the above-captioned proceeding, Defendant Fitbit LLC
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`(“Fitbit”) respectfully requests that the Court construe three related claim terms appearing in U.S.
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`Patent No. 8,277,377 (the “’377 patent”) and conduct necessary additional claim construction
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`proceedings to enable that construction, including permitting the parties to submit additional claim
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`construction briefing regarding the meaning of the three related claim terms at issue. Specifically,
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`Fitbit requests that:
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` The Court construe the related claim terms “a remote server,” “an internet server,”
`and “the server” (the “disputed server terms”), which appear in elements 1.a, 1.g,
`and 1.h of the ’377 patent.
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` At the Court’s discretion, the Court hold a supplemental Markman hearing limited
`to the proper construction of the disputed server terms.
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` The Court set a briefing schedule requiring the parties to submit simultaneous
`opening briefs of no more than ten (10) pages, followed by simultaneous responsive
`briefs of no more than five (5) pages one week later. The briefing shall be limited
`to the proper construction of the disputed server terms.
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`Case 1:19-cv-11586-FDS Document 275 Filed 01/07/22 Page 2 of 4
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`In support of this Motion, Fitbit relies on the accompanying Memorandum in Support of
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`its Motion for the Construction of Three Related Claim Terms and the Declaration of David. J.
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`Shaw, including attached exhibits, submitted herewith. Good cause for the relief requested exists
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`for the reasons set forth in these accompanying materials.
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`Case 1:19-cv-11586-FDS Document 275 Filed 01/07/22 Page 3 of 4
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`Dated: January 7, 2022
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`By:
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`dshaw@desmaraisllp.com
`DESMARAIS LLP
`1701 Pennsylvania Ave., NW, 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
`Henry Ard (pro hac vice)
`hard@desmaraisllp.com
`Eric G. Speckhard
`especkhard@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
`Elizabeth A. DiMarco (BBO #681921)
`edimarco@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 Defendant Fitbit LLC
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`Case 1:19-cv-11586-FDS Document 275 Filed 01/07/22 Page 4 of 4
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`CERTIFICATE PURSUANT TO LOCAL RULE 7.1(A)(2)
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`The undersigned hereby certifies that counsel for Fitbit conferred with counsel for Philips
`and attempted in good faith to resolve or narrow the issues in dispute, but was unable to do so.
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`/s/ David J. Shaw
`David J. Shaw
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`CERTIFICATE PURSUANT TO LOCAL RULE 37.1
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`The undersigned hereby certifies that counsel for Fitbit has complied with the provisions
`of Local Rule 37.1.
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`/s/ David J. Shaw
`David J. Shaw
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`CERTIFICATE OF SERVICE
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`I certify that this document is being filed through the Court’s electronic filing system,
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`which serves counsel for other parties who are registered participants as identified on the Notice
`of Electronic Filing (NEF). Any counsel for other parties who are not registered participants are
`being served by first class mail on the date of electronic filing.
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`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
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`4
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