`RRodrigues@foley.com; Okano, David
`BOSTFPhilipsFitbit@foley.com; Philips - Fitbit; Fitbit Philips DC Service
`[EXT] RE: Philips v. Fitbit (D. Mass) - Claim 14 of the "233 Patent
`Monday, April 12, 2021 4:34:46 AM
`
`From:
`To:
`Cc:
`Subject:
`Date:
`
`Ruben,
`
`To be clear, your April 5 email was the first time Fitbit received notice that Philips is no longer
`asserting Claim 14 of the ’233 Patent.
`
`Best,
`Karim
`
`Karim Z. Oussayef
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`T: (212) 351-3427 | F: (212) 351-3401
`
`From: RRodrigues@foley.com <RRodrigues@foley.com>
`Sent: Monday, April 5, 2021 8:24 PM
`To: Karim Oussayef <KOussayef@desmaraisllp.com>; Okano, David
`<davidokano@paulhastings.com>
`Cc: BOSTFPhilipsFitbit@foley.com; Philips - Fitbit <Philips-Fitbit@paulhastings.com>; Fitbit Philips DC
`Service <FitbitPhilipsDCService@desmaraisllp.com>
`Subject: [Ext] Philips v. Fitbit (D. Mass) - Claim 14 of the '233 Patent
`
`**EXTERNAL EMAIL** This email originated from outside the company. Do not click on any link unless you
`recognize the sender and have confidence the content is safe.
`
`Hi Karim & David,
`
` I
`
` was under the impression that we had formally withdrawn Claim 14 of the ’233 Patent in the
`District of Massachusetts action as we did in the Central District of California action against Garmin.
`To clarify the record and for avoidance of doubt, I wanted to clarify that Philips no longer asserts
`Claim 14 of the ’233 Patent against the Fitbit accused products in this action.
`
`Regards,
`
`-Ruben
`
`Ruben J. Rodrigues
`Foley & Lardner LLP
`111 Huntington Ave, Suite 2600
`
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00783
`
`Fitbit, Inc. Ex. 1077 Page 0001
`
`
`
`Boston, MA 02199
`
`rrodrigues@foley.com
`617-502-3228 (office)
`617-763-5089 (mobile)
`
`
`The information contained in this message, including but not limited to any attachments, may
`be confidential or protected by the attorney-client or work-product privileges. It is not
`intended for transmission to, or receipt by, any unauthorized persons. If you have received this
`message in error, please (i) do not read it, (ii) reply to the sender that you received the message
`in error, and (iii) erase or destroy the message and any attachments or copies. Any disclosure,
`copying, distribution or reliance on the contents of this message or its attachments is strictly
`prohibited, and may be unlawful. Unintended transmission does not constitute waiver of the
`attorney-client privilege or any other privilege. Legal advice contained in the preceding
`message is solely for the benefit of the Foley & Lardner LLP client(s) represented by the Firm
`in the particular matter that is the subject of this message, and may not be relied upon by any
`other party. Unless expressly stated otherwise, nothing contained in this message should be
`construed as a digital or electronic signature, nor is it intended to reflect an intention to make
`an agreement by electronic means.
`
`This email may contain confidential and privileged material for the use of the intended
`recipient. Any review, use, or distribution by anyone other than the addressee is strictly
`prohibited. If you are not the intended recipient, please contact the sender by reply email and
`delete all copies of this message.
`
`Fitbit, Inc. v. Philips North America LLC
`IPR2020-00783
`
`Fitbit, Inc. Ex. 1077 Page 0002
`
`