Fitbit, Inc. v. Koninklijke Philips N.V.
| Fitbit, Inc. |
| Koninklijke Philips N.V. |
| 1:2020cv11611 |
| August 28, 2020 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Patent |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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| Filing 73 Judge Richard G. Stearns: ELECTRONIC ORDER entered. re #72 Status Report filed by Fitbit, Inc. In light of the ITC's final determination of no violation, this case will remained stayed. The parties to submit a further update if the appeals deadline for the ITC decision passes and no appeals is filed. Thereafter, the parties are to update the court on any developments impacting the prudence of a continued stay or the final disposition of this matter within 14 days of any such event.(Tang, Danni) |
| Filing 72 STATUS REPORT Pursuant to Order on Motion to Stay (D.I. 56) by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Speed, Nathan) |
| Filing 71 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #70 Motion for Leave to Appear Pro Hac Vice. Added David J. Shaw. 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. (Pacho, Arnold) |
| Filing 70 MOTION for Leave to Appear Pro Hac Vice for admission of David J. Shaw Filing fee: $ 100, receipt number 0101-8716970 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 69 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #64 , #65 , #66 , #67 , and #68 Motion for Leave to Appear Pro Hac Vice. Added Emily H. Chen, Brian D. Matty, Ameet A. Modi, Karim Z. Oussayef, and Leslie M. Spencer. 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. . (Pacho, Arnold) |
| Filing 68 MOTION for Leave to Appear Pro Hac Vice for admission of Leslie M. Spencer Filing fee: $ 100, receipt number 0101-8665795 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice for admission of Karim Z. Oussayef Filing fee: $ 100, receipt number 0101-8665791 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice for admission of Ameet A. Modi Filing fee: $ 100, receipt number 0101-8665784 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice for admission of Brian D. Matty Filing fee: $ 100, receipt number 0101-8665514 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice for admission of Emily H. Chen Filing fee: $ 100, receipt number 0101-8665508 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory) |
| Filing 63 NOTICE of Appearance by Elizabeth A. DiMarco on behalf of Fitbit, Inc. (DiMarco, Elizabeth) |
| Filing 62 NOTICE of Appearance by Nathan R. Speed on behalf of Fitbit, Inc. (Speed, Nathan) |
| Filing 61 NOTICE of Withdrawal of Appearance by Laurel M. Gilbert (Gilbert, Laurel) |
| Filing 60 NOTICE of Withdrawal of Appearance by Christine K. Bush (Bush, Christine) |
| Filing 59 NOTICE of Appearance by Gregory F. Corbett on behalf of Fitbit, Inc. (Corbett, Gregory) |
| Filing 58 CORPORATE DISCLOSURE STATEMENT by Fitbit, Inc.. (Bush, Christine) |
| Filing 57 STATUS REPORT [JOINT] PURSUANT TO ORDER ON MOTION TO STAY (D.I. 56) by Fitbit, Inc.. (Attachments: #1 Exhibit 1)(Bush, Christine) |
| Filing 56 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #33 Motion to Stay. Philips commenced an ITC action against Fitbit in December of 2019, asserting infringement of the '228, '698, and '464 patents. In April of 2020, Fitbit commenced this declaration judgment action for non-infringement of the same three patents in the Northern District of California. That case was transferred to this court at the end of August of 2020, after a finding of the absence of personal jurisdiction over Phillips in California.The parties have informed the court that in the ITC action, the ITC has made a summary determination of non-infringement of two of the third patents, but have also determined that Philips has demonstrated infringement of the three patent, as well as the existence of domestic industry. Philips notes that Fitbit has raised invalidity in the ITC action. The ITC trial will proceed later this month, and a final decision is anticipated by May of 2021. In addition, Fitbit has petitioned the PTAB for inter partes review (IPR) of the validity of the asserted patents, with an institution decision expected later this month or early next month. This instant case is substantively duplicative of these other actions already underway, and for reasons of judicial efficiency and economy, the court will ALLOW Philips' motion to stay until at least ITC completes its investigation. The parties are requested to inform the court of signification interim developments in the related actions within 7 days, including the IPR institution decision. The parties are also requested to submit a joint statement with 14 days of the ITC's final decision, and their positions on the impact of the final decision on the prudence of a continued stay. (Tang, Danni) |
| Filing 55 SUR-REPLY to Motion re #33 MOTION to Stay Case Pending Parallel International Trade Commission Action filed by Fitbit, Inc.. (Bush, Christine) |
| Filing 54 REPLY to Response to #33 MOTION to Stay filed by Koninklijke Philips N.V.. (Ciardullo, Jean-Paul) |
| Filing 53 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #52 Motion for Leave to File reply re motion to stay of no more than 5 pages by 10/5/2020, and surreply or no more than 5 pages by 10/13/2020. Counsel using the Electronic Case Filing System should 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. (Tang, Danni) |
| Filing 52 Joint MOTION for Leave to File a 5-page Reply Brief and Sur-Reply Brief on the pending Motion to Stay, as Stipulated by the Parties by Koninklijke Philips N.V.. (Attachments: #1 Text of Proposed Order)(Rodrigues, Ruben) |
| Filing 51 DECLARATION re #50 Response to Motion to Stay Case Pending Parallel International Trade Commission Action by Fitbit, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bush, Christine) |
| Filing 50 RESPONSE to Motion re #33 MOTION to Stay Case Pending Parallel International Trade Commission Action filed by Fitbit, Inc.. (Bush, Christine) |
| Filing 49 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #45 Motion for Leave to Appear Pro Hac Vice. Added Yu-Chieh Ernest Hsin. 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. (Pacho, Arnold) |
| Filing 48 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #44 Motion for Leave to Appear Pro Hac Vice. Added Wayne Barsky. 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. (Pacho, Arnold) |
| Filing 47 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #43 Motion for Leave to Appear Pro Hac Vice. Added Josh A. Krevitt. 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. (Pacho, Arnold) |
| Filing 46 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #42 Motion for Leave to Appear Pro Hac Vice. Added Stuart Rosenberg. 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. (Pacho, Arnold) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice for admission of Y. Ernest Hsin Filing fee: $ 100, receipt number 0101-8424945 by Fitbit, Inc..(Bush, Christine) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice for admission of Wayne Barsky Filing fee: $ 100, receipt number 0101-8424934 by Fitbit, Inc..(Bush, Christine) |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice for admission of Josh A. Krevitt Filing fee: $ 100, receipt number 0101-8424907 by Fitbit, Inc..(Bush, Christine) |
| Filing 42 MOTION for Leave to Appear Pro Hac Vice for admission of Stuart Rosenberg Filing fee: $ 100, receipt number 0101-8424760 by Fitbit, Inc..(Bush, Christine) |
| Filing 41 NOTICE of Appearance by Laurel M. Gilbert on behalf of Fitbit, Inc. (Gilbert, Laurel) |
| Filing 40 NOTICE of Appearance by Christine K. Bush on behalf of Fitbit, Inc. (Bush, Christine) |
| Filing 39 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #37 Motion for Leave to Appear Pro Hac Vice. Added Ruben J. Rodrigues. 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. (Pacho, Arnold) |
| Filing 38 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #36 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. (Pacho, Arnold) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Jean-Paul Ciardullo Filing fee: $ 100, receipt number 0101-8416958 by Koninklijke Philips N.V.. (Attachments: #1 Affidavit Ruben J. Rodrigues, #2 Affidavit Jean-Paul Ciardullo)(Rodrigues, Ruben) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice for admission of Eley O. Thompson Filing fee: $ 100, receipt number 0101-8416908 by Koninklijke Philips N.V.. (Attachments: #1 Affidavit Ruben J. Rodrigues, #2 Affidavit Eley O. Thompson)(Rodrigues, Ruben) |
| Filing 35 AFFIDAVIT in Support re #33 MOTION to Stay filed by Koninklijke Philips N.V.. (Attachments: #1 Exhibit 1)(Rodrigues, Ruben) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Stay filed by Koninklijke Philips N.V.. (Rodrigues, Ruben) |
| Filing 33 MOTION to Stay by Koninklijke Philips N.V..(Rodrigues, Ruben) |
| Filing 32 NOTICE of Appearance by John Custer on behalf of Koninklijke Philips N.V. (Custer, John) |
| Filing 31 NOTICE of Appearance by Lucas I. Silva on behalf of Koninklijke Philips N.V. (Silva, Lucas) |
| Filing 30 NOTICE of Appearance by Ruben J. Rodrigues on behalf of Koninklijke Philips N.V. (Rodrigues, Ruben) |
| Filing 29 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Philips to file its motion to stay (if any) by 9/14/2020. If a motion to stay is not filed, Philips to respond to the Complaint by 9/21/2020.(Tang, Danni) |
| Filing 28 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns 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 Donald L. Cabell. (Danieli, Chris) |
| Filing 27 Case transferred in from District of California Northern; Case Number 3:20-cv-02246. |
Filing 26
ORDER Granting Motion to Transfer by District Judge Richard Seeborg, ***Civil Case Terminated. (shyS, COURT STAFF) (Filed on 7/9/2020)
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| Filing 25 REPLY (re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case to the District of Massachusetts ) filed byKoninklijke Philips N.V.. (Attachments: #1 Declaration of Jean-Paul Ciardullo (Supplemental), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Ciardullo, Jean-Paul) (Filed on 7/6/2020) |
| Filing 24 OPPOSITION/RESPONSE (re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Transfer Case to the District of Massachusetts ) filed byFitbit, Inc.. (Attachments: #1 Declaration of Stuart M. Rosenberg, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order)(Rosenberg, Stuart) (Filed on 6/26/2020) |
| Filing 23 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE: Having considered the parties' briefing on the administrative motion (Dkt. Nos. 19, 20) and good cause appearing, the motion is granted, and the Initial Case Management Conference previously set for July 16, 2020 is continued to August 13, 2020 at 10:00 AM. All parties shall appear telephonically and must contact Court Call at (866) 582-6878 at least one week prior to the Conference to arrange their participation. Case Management Statement due by August 6, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2S, COURT STAFF) (Filed on 6/22/2020) |
| Filing 22 NOTICE by Koninklijke Philips N.V. re #19 ADMINISTRATIVE MOTION to Postpone the Initial Case Management Conference pending resolution of Defendant's Motion to Dismiss - Notice to the Court of new supplemental authority from Order in co-pending case granting similar motion (Attachments: #1 Exhibit A (Copy of Order from Hon. Phyllis J. Hamilton))(Ciardullo, Jean-Paul) (Filed on 6/22/2020) |
| Filing 21 STATUS REPORT PURSUANT TO MAY 18, 2020 GENERAL ORDER by Fitbit, Inc.. (Rosenberg, Stuart) (Filed on 6/17/2020) |
| Filing 20 OPPOSITION/RESPONSE (re #19 ADMINISTRATIVE MOTION to Postpone the Initial Case Management Conference pending resolution of Defendant's Motion to Dismiss ) filed byFitbit, Inc.. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Rosenberg, Stuart) (Filed on 6/16/2020) |
| Filing 19 ADMINISTRATIVE MOTION to Postpone the Initial Case Management Conference pending resolution of Defendant's Motion to Dismiss filed by Koninklijke Philips N.V.. Responses due by 6/16/2020. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Proposed Order)(Ciardullo, Jean-Paul) (Filed on 6/12/2020) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Transfer Case to the District of Massachusetts filed by Koninklijke Philips N.V.. Motion Hearing set for 7/23/2020 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 6/26/2020. Replies due by 7/6/2020. (Attachments: #1 Declaration of Loes Meerburg, #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit 1 (Verified ITC Complaint), #4 Proposed Order)(Ciardullo, Jean-Paul) (Filed on 6/12/2020) |
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Filing 17
GENERAL ORDER FOR ALL PENDING CIVIL CASES BEFORE JUDGE RICHARD SEEBORG. Signed by Judge Richard Seeborg on 5/18/2020. (cl, COURT STAFF) (Filed on 5/18/2020)
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| Filing 16 Certificate of Interested Entities by Koninklijke Philips N.V. pursuant to L.R. 3-15 (Ciardullo, Jean-Paul) (Filed on 5/6/2020) |
| Filing 15 Rule 7.1 Disclosures by Koninklijke Philips N.V. (Ciardullo, Jean-Paul) (Filed on 5/6/2020) |
| Filing 14 STIPULATION of the Parties pursuant to L.R. 6-1(a) to Extend Time to Respond to the Complaint until June 12, 2020 filed by Koninklijke Philips N.V.. (Ciardullo, Jean-Paul) (Filed on 5/6/2020) |
| Filing 13 NOTICE of Appearance by Jean-Paul Ciardullo (Ciardullo, Jean-Paul) (Filed on 5/6/2020) |
| Filing 12 CERTIFICATE OF SERVICE by Fitbit, Inc. (Attachments: #1 Certificate/Proof of Service)(Rosenberg, Stuart) (Filed on 4/29/2020) |
| Filing 11 CLERK'S NOTICE RE REASSIGNED CASE: You are notified that the Court has scheduled an in-person Initial Case Management Conference set for 7/16/2020 at 10:00 AM in Courtroom #3, 17th Floor, in San Francisco before Judge Richard Seeborg upon reassignment. Case Management Statement due by 7/9/2020. For a copy of Judge Seeborg's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. If either party so desires, however, counsel may file a request to appear by telephone at 11:00 am, in which case the Conference will be moved to 11:00 am to be held telephonically for all parties, and all parties must contact Court Conference at 866/582-6878 at least one week prior to the Conference.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cl, COURT STAFF) (Filed on 4/17/2020) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Richard Seeborg for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case. Signed by the Clerk on 4/17/2020. (ajsS, COURT STAFF) (Filed on 4/17/2020)
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ig, COURT STAFF) (Filed on 4/16/2020) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fitbit, Inc... (Rosenberg, Stuart) (Filed on 4/15/2020) |
| Filing 7 Summons Issued as to Koninklijke Philips N.V. (cjlS, COURT STAFF) (Filed on 4/3/2020) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/24/2020. Initial Case Management Conference set for 7/1/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 4/3/2020) |
| Filing 5 Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/16/2020. (haS, COURT STAFF) (Filed on 4/2/2020) |
| Filing 4 REPORT on the filing of an action regarding a patent. (cc: form mailed to register). (Rosenberg, Stuart) (Filed on 4/2/2020) Modified on 4/3/2020 (cjlS, COURT STAFF). |
| Filing 3 Corporate Disclosure Statement and Local Rule 3-15 Certificate of Interested Entities or Persons by Fitbit, Inc. (Rosenberg, Stuart) (Filed on 4/2/2020) Modified on 4/3/2020 (cjlS, COURT STAFF). |
| Filing 2 Proposed Summons. (Rosenberg, Stuart) (Filed on 4/2/2020) |
| Filing 1 COMPLAINT for Declaratory Judgment against Koninklijke Philips N.V. ( Filing fee $ 400, receipt number 0971-14337599.). Filed byFitbit, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Rosenberg, Stuart) (Filed on 4/2/2020) |
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