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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`v.
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`FITBIT, LLC,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`ORAL ARGUMENT REQUESTED
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`PHILIPS NORTH AMERICA LLC’S MOTION FOR RECONSIDERATION
`OF THE MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR
`SUMMARY JUDGMENT (Dkt. 401)
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`Plaintiff Philips North America LLC (“Philips”) respectfully moves the Court to reconsider
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`its Memorandum and Order on Cross-Motions for Summary Judgment (Dkt. 401) granting
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`Defendant Fitbit LLC’s (“Fitbit”) Motion for Summary Judgment of Invalidity (Dkt. 333) and
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`finding the claims of U.S. Patent No. 8,277,377 (the “’377 Patent”) invalid under 35 U.S.C. § 101.
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`Based on the reasons set out in the accompanying memorandum in support of this motion,
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`Philips respectfully requests that the Court GRANT this motion, deny Fitbit’s motion for summary
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`judgment of invalidity (Dkt. 333), and resolve on the merits the motions for summary judgment
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`and motions to strike that were denied as moot. See Dkt. 401 at 26.
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`REQUEST FOR ORAL ARGUMENT
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`Pursuant to Local Rule 7.1(d), Philips requests the Court entertain oral argument on this
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`motion, as Philips believes it will assist the Court.
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`1
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`Case 1:19-cv-11586-FDS Document 403 Filed 10/21/22 Page 2 of 3
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`Dated: October 21, 2022
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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
`rrodrigues@foley.com
`jcuster@foley.com
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`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
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`Michelle A. Moran (pro hac vice)
`FOLEY & LARDNER LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`Phone: (414) 271-2400
`Fax: (414)297-4900
`mmoran@foley.com
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`Counsel for Plaintiff
` Philips North America LLC
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`Case 1:19-cv-11586-FDS Document 403 Filed 10/21/22 Page 3 of 3
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`LOCAL RULE 7.2 CERTIFICATION
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`I, John W. Custer, counsel for Philips North America LLC, hereby certify that we have
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`conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion, but after a
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`good faith attempt to reach agreement, the parties did not do so..
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`Dated: October 21, 2022
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`/s/ John W. Custer
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed with the
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`Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`Dated: October 21, 2022
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`/s/ John W. Custer
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