`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`
`
`
`
`PHILIPS NORTH AMERICA LLC,
`
`
`Plaintiff,
`
`
`v.
`
`FITBIT LLC,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
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`DEFENDANT FITBIT LLC’S MOTION FOR SUMMARY JUDGMENT OF
`NONINFRINGEMENT OF U.S. PATENT NO. 8,277,377 BASED ON
`PLAINTIFF’S FAILURE OF PROOF
`
`Defendant Fitbit LLC (“Fitbit”), pursuant to Federal Rule of Civil Procedure 56 and Local
`
`Rule 56.1, respectfully moves the Court to grant summary judgment of noninfringement of U.S.
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`Patent No. 8,277,377 based on Plaintiff’s failure of proof. Specifically, Fitbit requests that the
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`Court grant summary judgment of noninfringement of U.S. Patent No. 8,277,377 as to the
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`following eight accused Fitbit products: the Alta HR, Blaze, Charge 3, Inspire HR, Ionic, Versa,
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`Versa 2, and Versa Lite.
`
`In support, Fitbit relies on the Memorandum submitted with this motion, the accompanying
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`declaration and exhibits, and any further briefing and argument permitted by the Court.
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`Fitbit respectfully requests the Court to GRANT this motion.
`
`REQUEST FOR ORAL ARGUMENT
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`Pursuant to Local Rule 7.1(d), Fitbit requests the Court entertain oral argument on this
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`motion, as Fitbit believes oral argument will assist the Court.
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`
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`
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`Case 1:19-cv-11586-FDS Document 331 Filed 03/02/22 Page 2 of 3
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`Dated: March 2, 2022
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`
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`
`
`By:
`
`
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`2
`
`
`/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
`
`Leslie M. Spencer (pro hac vice)
`lspencer@desmaraisllp.com
`Karim Z. Oussayef (pro hac vice)
`koussayef@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
`
`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
`
`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
`
`Attorneys for Defendant Fitbit LLC
`
`
`
`
`
`
`
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`Case 1:19-cv-11586-FDS Document 331 Filed 03/02/22 Page 3 of 3
`
`
`
`CERTIFICATE PURSUANT TO LOCAL RULE 7.1(A)(2)
`
`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 on February 28, 2022, but
`was unable to do so.
`
`
`
`
`
`
`/s/ David J. Shaw
`David J. Shaw
`
`
`CERTIFICATE PURSUANT TO LOCAL RULE 37.1
`
`The undersigned hereby certifies that counsel for Fitbit has complied with the provisions
`of Local Rule 37.1.
`
`
`
`
`
`
`/s/ David J. Shaw
`David J. Shaw
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`
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`
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`CERTIFICATE OF SERVICE
`
`I certify that this document is being filed through the Court’s electronic filing
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`system, 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 the electronic filing.
`
`
`
`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
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`3
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