throbber

`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`FITBIT, INC.,
`Petitioner
`
`v.
`
`PHILIPS NORTH AMERICA LLC
`Patent Owner
`
`
`
`
`IPR2020-007831
`Patent No. 7,088,233
`
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`1 Garmin International, Inc., Garmin USA, Inc. and Garmin Ltd., who filed a petition in IPR2020-00910, has
`been joined as a petitioner in this proceeding.
`
`
`
`
`
`

`

`
`
`
`
`Pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order dated
`
`October 27, 2020 (Paper 13), Petitioner Fitbit, Inc. (“Petitioner”) requests Oral
`
`Argument on issues related to the patentability of claims 1, 7-10, 13-16, 22, and 24-
`
`26 of U.S. Patent No. 7,088,233 (“the ’233 patent”). Petitioner wishes to present
`
`argument on the following issues:
`
`• Grounds at issue in this proceeding;
`
`• Any issue addressed in Petitioner’s papers, including but not limited to,
`
`the Petition, Petitioner’s Reply to Patent Owner’s Response;
`
`• Motions to exclude filed in this proceeding (if any); and
`
`• Rebuttal to Patent Owner’s presentation on all issues, including the
`
`issues listed above and any issues raised in Patent Owner’s Preliminary
`
`Response, Patent Owner’s Response, Patent Owner’s Sur-Reply, or
`
`elsewhere in the record for this proceeding
`
`The Board previously scheduled the Oral Hearing for this case on July 29,
`
`2021 (Paper 13). Petitioner believes the parties should be allocated 45 minutes per
`
`side.
`
`
`Dated: June 15, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` / Joseph E. Palys /
`Joseph E. Palys (Reg. No. 46,508)
`Counsel for Petitioner
`
`
`
`
`
`

`

`
`
`CERTIFICATE OF SERVICE
`
`
`
`I hereby certify that on June 15, 2021, a copy of the foregoing Petitioner’s
`
`Request for Oral Argument was served by electronic mail upon the following:
`
`Counsel for Patent Owner:
`
`GBeck@foley.com
`EThompson@foley.com
`RRodrigues@foley.com
`PhilipsIPRs@foley.com
`Counsel for Joined Petitioner Garmin:
`
`Adam.seitz@eriseip.com
`Jennifer.bailey@eriseip.com
`
`Respectfully submitted,
`
` / Joseph E. Palys /
`Joseph E. Palys
`Registration No. 46,508
`
`
`
`Counsel for Petitioner
`
`
`Dated: June 15, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket