`Case 1:19-cv-11586-FDS Document 419-1 Filed 09/20/23 Page 1 of 3
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:19-cv-11586-FDS Document 419-1 Filed 09/20/23 Page 2 of 3
`Case: 23-2286 Document: 7 Page: 1 Filed: 08/30/2023
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`2023-2286
`Philips North America, LLC v. Fitbit LLC
`Fitbit LLC
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`US District Court for Mass
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`1:19-cv-11586
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`Patent Litigation
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`To the extent the Federal Circuit has jurisdiction, Fitbit requests affirmance of the district court's order on claim construction (7/22/2021), the district court's order granting Fitbit's
`motion for summary judgment of invalidity (9/1/22), and the district court's order denying Philips North America LLC's motion for reconsideration (7/13/2023).
`However, the district court case remains stayed with respect to some of the claims and defenses, and the district court has not entered final judgment, nor has the court entered
`judgment pursuant to Rule 54(b) or certified any order for interlocutory appeal. Accordingly, this appeal should be dismissed because the Federal Circult lacks jurisdiction.
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`On July 22, 2021, the district court issued its order on claim construction, in which it found a term appearing in every asserted independent claim of U.S. Patent
`No. 6,013,007 to be indefinite.
`On September 1, 2022, the district court granted summary judgment of invalidity in favor of Defendant Fitbit, LLC with respect to the asserted claims of U.S.
`Patent No. 8,277,377. And on July 13, 2023, the district court denied Plaintiff Philips North America LLC's motion for reconsideration of the order granting
`summary judgment of invalidity.
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`Philips North America, LLC purports to appeal from:
`- The district court's finding of indefiniteness in its July 22, 2021 claim construction order;
`- The district court's September 1, 2022 order granting summary judgment of invalidity in favor of Fitbit, LLC; and
`- The district court's July 13, 2023 order denying Plaintiff Philips North America LLC's motion for reconsideration.
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`N/A
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`✔
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`No final appealable order has issued that disposes of all claims and defenses.
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`Case 1:19-cv-11586-FDS Document 419-1 Filed 09/20/23 Page 3 of 3
`Case: 23-2286 Document: 7 Page: 2 Filed: 08/30/2023
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`Philips North America LLC, v. Garmin International, Inc. Case No. 22-2255 (CAFC)
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`1. Whether the Federal Circuit has jurisdiction before the district court disposes of all claims and defenses, including stayed claims for infringement of U.S. Patent No. 7,088,233.
`2. Whether the district court correctly found that a term appearing in every asserted independent claim of U.S. Patent No. 6,013,007 is indefinite.
`3. Whether the district court correctly granted summary judgment of invalidity with respect to the asserted claims of U.S. Patent No. 8,277,377.
`4. Whether the district court acted within its discretion in denying reconsideration of its summary judgment order.
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`✔
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`✔
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`N/A
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`✔
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`✔
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`The parties view the merits of the matter quite differently.
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`N/A
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`8/30/23
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`/s/ David J. Shaw
`David J. Shaw
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