Philips North America LLC v. Fitbit, Inc.
| Philips North America LLC |
| Fitbit, Inc. |
| 1:2019cv11586 |
| July 22, 2019 |
| US District Court for the District of Massachusetts |
| Indira Talwani |
| Patent |
| 15 U.S.C. § 1126 |
| Plaintiff |
Docket Report
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| Filing 54 Judge Indira Talwani: ORDER entered. SCHEDULING ORDER. Please see attached Order. (Kelly, Danielle) |
| Filing 53 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 3/24/2020. Case called. Court held colloquy with counsel. Initial Disclosures all due, with documents on 4/14/2020; Motion to Amend 3/24/2020. Dates proposed by Plaintiff shall add 21 days to them all and they are adopted. Counsel shall meet and confer re: how to proceed with depositions and shall submit a joint proposal to the court. In re: to response to SJ, counsel shall confer re: claim construction issue. Scheduling Order to issue. (Court Reporter: Cheryl Dahlstrom at cheryldahlstrom@yahoo.com.)(Attorneys present: Thompson, Rodrigues, Beckwith, Furey, Chaikovsky) (MacDonald, Gail) |
| Filing 52 TRANSCRIPT ORDER FORM by Fitbit, Inc. for proceedings held on 3/24/2020 Judge Judge Indira Talwani.. (Chaikovsky, Yar) |
| Filing 51 SUR-REPLY to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 - Leave to file granted on March 23, 2020 filed by Philips North America LLC. (Attachments: #1 Exhibit A)(Rodrigues, Ruben) |
| Filing 50 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #40 Motion for Leave to File Sur-Reply in Support of Opposition to Defendant's Motion to Dismiss ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 49 NOTICE re 48 Order. In re: the Scheduling Conf. set for 3/24/2020 at 2:30PM, Counsel are instructed to dial 888-808-6929 and enter Code: 8523158 to be connected to the court's teleconference system. (MacDonald, Gail) |
| Filing 48 Judge Indira Talwani: ELECTRONIC ORDER entered. In light of the coronavirus pandemic, the scheduling conference scheduled for March 24, 2020, will be held telephonically. (Talwani, Indira) |
| Filing 47 JOINT STATEMENT re scheduling conference . (Attachments: #1 Exhibit 1)(Rodrigues, Ruben) |
| Filing 46 Declaration of Yar Chaikovsky in Support re #43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. 112 filed by Fitbit, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Kelly, Danielle) |
| Filing 45 Statement of Material Facts L.R. 56.1 re #43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. 112 filed by Fitbit, Inc.. (Chaikovsky, Yar) |
| Filing 44 MEMORANDUM in Support re #43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. 112 filed by Fitbit, Inc.. (Chaikovsky, Yar) |
| Filing 43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. 112 by Fitbit, Inc.(Chaikovsky, Yar) Modified on 3/20/2020: Declaration and Exhibits removed to properly file in separate entry. Refer to #46 (Kelly, Danielle). |
| Filing 42 DUPLICATE FILING. REFER TO #43 MOTION for Summary Judgment Fitbit, Inc.'s Motion for Partial Summary Judgment of Invalidity Under 35 U.S.C. 112 by Fitbit, Inc..(Chaikovsky, Yar) Modified on 3/20/2020 (Kelly, Danielle). |
| Filing 41 Judge Indira Talwani: Electronic order: Counsel shall confer and promptly file an updated Joint Statement regarding scheduling as discussed at the December 2, 2019, Scheduling Conference. (Kelly, Danielle) |
| Filing 40 MOTION for Leave to File Sur-Reply in Support of Opposition to Defendant's Motion to Dismiss by Philips North America LLC. (Attachments: #1 Exhibit 1 (Proposed Sur-Reply Brief))(Rodrigues, Ruben). Exhibit replaced to remove blank pages (Kelly, Danielle). |
| Filing 39 REPLY to Response to #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 (Defendant Fitbit Inc.'s Reply Brief In Support of Its Rule 12(b)(6) Motion to Dismiss the Amended Complaint) filed by Fitbit, Inc.. (Chaikovsky, Yar) |
| Filing 38 Judge Indira Talwani: ELECTRONIC ORDER: ALLOWING #37 Motion for Leave to File Document a Reply Brief ISO Its Rule 12(b)(6) Motion to Dismiss the Amended Complaint Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 37 MOTION for Leave to File (Defendant's Motion for Leave to File a Reply Brief ISO Its Rule 12(b)(6) Motion to Dismiss the Amended Complaint) by Fitbit, Inc.. (Attachments: #1 Exhibit A - Defendant Fitbit Inc.'s Reply Brief ISO of Its Rule 12(b)(6) Motion to Dismiss the Amended Complaint)(Chaikovsky, Yar) |
| Filing 36 Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 filed by Philips North America LLC. (Silva, Lucas) |
| Filing 35 AFFIDAVIT in Support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 (Declaration of David Okano ISO Fitbit's Renewed Rule 12(b)(6) Motion to Dismiss) filed by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Chaikovsky, Yar) |
| Filing 34 MEMORANDUM in Support re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 filed by Fitbit, Inc.. (Chaikovsky, Yar) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Renewed Rule 12(b)(6) Motion to Dismiss Plaintiff Philips North America LLC's First Amended Complaint Under 35 U.S.C. Sect. 101 by Fitbit, Inc.. (Attachments: #1 Text of Proposed Order)(Chaikovsky, Yar) |
| Filing 32 Judge Indira Talwani: ELECTRONIC ORDER entered granting #27 Motion To Enlarge Page Limit and Time to Oppose re #25 Amended Complaint by Fitbit, Inc. (MacDonald, Gail) |
| Filing 30 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 29 Transcript of Scheduling Conference held on December 2, 2019, before Judge Indira Talwani. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Lee Marzilli at leemarz@aol.com Redaction Request due 12/30/2019. Redacted Transcript Deadline set for 1/9/2020. Release of Transcript Restriction set for 3/9/2020. (Scalfani, Deborah) |
| Filing 28 TRANSCRIPT ORDER FORM by Fitbit, Inc. for proceedings held on 12/2/2019 Judge Judge Indira Talwani.. (Chaikovsky, Yar) |
| Filing 27 Joint MOTION To Enlarge Page Limit and Time to Oppose re #25 Amended Complaint by Fitbit, Inc..(Beckwith, David) |
| Filing 31 Electronic Clerk's Notes for proceedings held before Judge Indira Talwani: Scheduling Conference held on 12/2/2019. Case called. Motion to Dismiss ( #19 ) denied as moot. A new Motion to Dismiss may be filed next week. Initial Disclosures 1/10/20. Discovery begins 1/10/20. Parties are to serve, meet, and confer re: discovery. Next Scheduling Conference set for 3/24/2020 02:30 PM in Courtroom 9 before Judge Indira Talwani. Amendments to Pleadings 3/24/20. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Attorneys present: Thompson, Silva, Furey, Chaikovsky) (MacDonald, Gail) |
| Filing 26 NOTICE of Appearance by Ruben J. Rodrigues on behalf of Philips North America LLC (Rodrigues, Ruben) |
| Filing 25 AMENDED COMPLAINT For Patent Infringement against Fitbit, Inc., filed by Philips North America LLC.(Silva, Lucas) |
| Filing 24 CERTIFICATION pursuant to Local Rule 16.1 for Philips North America LLC. (Silva, Lucas) |
| Filing 23 JOINT STATEMENT re scheduling conference . (Attachments: #1 Exhibit Proposed Schedule)(Silva, Lucas) |
| Filing 22 CERTIFICATION pursuant to Local Rule 16.1 Fitbit's Rule 16.1(d)(3) Certification. (Chaikovsky, Yar) |
| Filing 21 AFFIDAVIT in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Motion to Dismiss Plaintiff Philips North America LLC's Complaint Under Rule 12(b)(6) (Declaration of David Okano ISO Fitbit's Motion to Dismiss) filed by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Chaikovsky, Yar) |
| Filing 20 MEMORANDUM in Support re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Motion to Dismiss Plaintiff Philips North America LLC's Complaint Under Rule 12(b)(6) filed by Fitbit, Inc.. (Chaikovsky, Yar) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Fitbit, Inc.'s Motion to Dismiss Plaintiff Philips North America LLC's Complaint Under Rule 12(b)(6) by Fitbit, Inc.. (Attachments: #1 Text of Proposed Order)(Chaikovsky, Yar) |
| Filing 18 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #17 Motion for Leave to File Excess Pages and Enlargement of Time to Oppose Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Kelly, Danielle) |
| Filing 17 Joint MOTION for Leave to File Excess Pages and Enlargement of Time to Oppose Motion to Dismiss by Fitbit, Inc..(Furey, Jennifer) |
| Filing 16 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #14 Motion for Leave to Appear Pro Hac Vice Added Yar R. Chaikovsky, David Beckwith, David T. Okano, Berkeley F. Fife, and Chad Peterman. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Kelly, Danielle) |
| Filing 15 CORPORATE DISCLOSURE STATEMENT by Fitbit, Inc.. (Furey, Jennifer) |
| Filing 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Yar Chaikovsky; David Beckwith; David Orano; Berkeley Fife; Chad Peterman Filing fee: $ 500, receipt number 0101-7959794 by Fitbit, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Furey, Jennifer) |
| Filing 13 NOTICE of Appearance by Andrew T. O'Connor on behalf of Fitbit, Inc. (O'Connor, Andrew) |
| Filing 12 NOTICE of Appearance by Jennifer B Furey on behalf of Fitbit, Inc. (Furey, Jennifer) |
| Filing 11 NOTICE Resetting a Hearing. Scheduling Conference set for 11/4/19 is RESET for 12/2/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. (MacDonald, Gail) |
| Filing 10 Judge Indira Talwani: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time to Answer re #1 Complaint, Fitbit, Inc. Response/Answer due 11/22/2019. (MacDonald, Gail) |
| Filing 9 MOTION for Extension of Time to November 22, 2019 to File Answer by Philips North America LLC.(Silva, Lucas) |
| Filing 8 NOTICE of Scheduling Conference: Scheduling Conference set for 11/4/2019 02:30 PM in Courtroom 9 before Judge Indira Talwani. Counsel for the plaintiff(s) is responsible for ensuring that all parties and/or their attorneys who have not filed an answer or appearance with the court are notified of the date of the scheduling conference. (MacDonald, Gail) |
| Filing 7 Judge Indira Talwani: ELECTRONIC ORDER entered ALLOWING #6 Motion for Leave to Appear Pro Hac Vice Added Eley O. Thompson. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Vieira, Leonardo) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Eley O. Thompson Filing fee: $ 100, receipt number 0101-7823744 by Philips North America LLC. (Attachments: #1 Affidavit Affidavit of Lucas Silva in Support of Motion For Admission of Counsel Pro Hac Vice, #2 Affidavit Affidavit of Eley Thompson in Support of Motion For Admission of Counsel Pro Hac Vice, #3 Exhibit 1)(Silva, Lucas) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Philips North America LLC. (Silva, Lucas) |
| Filing 4 Summons Issued as to Fitbit, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Danieli, Chris) |
| Filing 2 REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK. (Silva, Lucas) |
| Filing 1 COMPLAINT For Patent Infringement against Fitbit, Inc. Filing fee: $ 400, receipt number 0101-7792833 (Fee Status: Filing Fee paid), filed by Philips North America LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Exhibit Category Form)(Silva, Lucas) (Attachment 5 replaced on 7/23/2019 to correct PDF formatting) (Kinsella, Devan). |
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