Fitbit, Inc v. Koninklijke Philips N.V. et al
| Fitbit, Inc. |
| Koninklijke Philips N.V. and Philips North America LLC |
| 1:2020cv11613 |
| August 28, 2020 |
| US District Court for the District of Massachusetts |
| Boston Office |
| William G Young |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on July 15, 2021. A more recent docket listing may be available from PACER.
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Filing 70
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Fitbit, Inc. by Philips North America LLC, Koninklijke Philips N.V.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thompson, Eley)
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Filing 69
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 (Coppola, Katelyn)
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Filing 68
Transcript of Motion to Dismiss held on June 28, 2021, before Judge William G. Young. 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: Richard Romanow at bulldog@richromanow.com. Redaction Request due 8/3/2021. Redacted Transcript Deadline set for 8/13/2021. Release of Transcript Restriction set for 10/12/2021. (Coppola, Katelyn)
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Filing 67
Judge William G. Young: ELECTRONIC ORDER entered granting #65 Motion for Leave to Appear Pro Hac Vice. Added Alan S. Kellman. 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. (Paine, Matthew)
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Filing 66
JOINT STATEMENT re scheduling conference . (Corbett, Gregory)
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Filing 65
MOTION for Leave to Appear Pro Hac Vice for admission of Alan S. Kellman Filing fee: $ 100, receipt number 0101-8855146 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 64
Electronic Clerk's Notes for proceedings held before Judge William G. Young: Motion Hearing held on 6/28/2021 by video re #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty filed by Koninklijke Philips N.V., Philips North America LLC ; granting in part and denying in part #30 Motion to Dismiss; the motion is denied as to the '462 patent and allowed without prejudice as to the '377 patent. Scheduling conference held and the following deadlines are set: The case is placed on the running trial list for June 2022; any motions for summary judgment are due by 3/1/2022; a final pretrial conference will be held during the month of May 2022. Counsel shall file a joint proposed case management schedule within two weeks. (Ready for Trial on 6/6/2022 09:00 AM in Courtroom 18 before Judge William G. Young.) (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorneys DiMarco and Modi for the plaintiff and attorneys Rodrigues, Thompson and Ciardullo for the defendants) (Gaudet, Jennifer)
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Filing 63
ELECTRONIC NOTICE Setting Hearing on Motion #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty : Motion Hearing set for 6/28/2021 at 3:00 PM in Remote Proceeding : Boston before Judge William G. Young. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov.(Gaudet, Jennifer)
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Filing 62
Judge William G. Young: ELECTRONIC ORDER entered granting #56 Motion for Leave to Appear Pro Hac Vice; granting #57 Motion for Leave to Appear Pro Hac Vice; granting #58 Motion for Leave to Appear Pro Hac Vice; granting #59 Motion for Leave to Appear Pro Hac Vice; granting #60 Motion for Leave to Appear Pro Hac Vice; granting #61 Motion for Leave to Appear Pro Hac Vice Added Emily H. Chen, Brian D. Matty, Ameet A. Modi, Karim Z. Oussayef, Leslie M. Spencer, 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. (Paine, Matthew)
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Filing 61
MOTION for Leave to Appear Pro Hac Vice for admission of David J. Shaw Filing fee: $ 100, receipt number 0101-8716996 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 60
MOTION for Leave to Appear Pro Hac Vice for admission of Leslie M. Spencer Filing fee: $ 100, receipt number 0101-8665813 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 59
MOTION for Leave to Appear Pro Hac Vice for admission of Karim Z. Oussayef Filing fee: $ 100, receipt number 0101-8665812 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 58
MOTION for Leave to Appear Pro Hac Vice for admission of Ameet A. Modi Filing fee: $ 100, receipt number 0101-8665807 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 57
MOTION for Leave to Appear Pro Hac Vice for admission of Brian D. Matty Filing fee: $ 100, receipt number 0101-8665803 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 56
MOTION for Leave to Appear Pro Hac Vice for admission of Emily H. Chen Filing fee: $ 100, receipt number 0101-8665797 by Fitbit, Inc.. (Attachments: #1 Exhibit A)(Corbett, Gregory)
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Filing 55
NOTICE of Appearance by Elizabeth A. DiMarco on behalf of Fitbit, Inc. (DiMarco, Elizabeth)
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Filing 54
NOTICE of Appearance by Nathan R. Speed on behalf of Fitbit, Inc. (Speed, Nathan)
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Filing 53
NOTICE of Withdrawal of Appearance by Laurel M. Gilbert (Gilbert, Laurel)
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Filing 52
NOTICE of Withdrawal of Appearance by Christine K. Bush (Bush, Christine)
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Filing 51
NOTICE of Appearance by Gregory F. Corbett on behalf of Fitbit, Inc. (Corbett, Gregory)
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Filing 50
CORPORATE DISCLOSURE STATEMENT by Fitbit, Inc.. (Bush, Christine)
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Filing 49
SUR-REPLY to Motion re #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty filed by Fitbit, Inc.. (Bush, Christine)
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Filing 48
REPLY to Response to #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty filed by Koninklijke Philips N.V., Philips North America LLC. (Rodrigues, Ruben)
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Filing 47
Judge William G. Young: ELECTRONIC ORDER entered granting #46 Joint MOTION for Leave to File 5-page Reply Brief and Sur-Reply Brief on Motion to Dismiss (Dkt. 31) as Stipulated by all Parties ; 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. (Paine, Matthew)
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Filing 46
Joint MOTION for Leave to File 5-page Reply Brief and Sur-Reply Brief on Motion to Dismiss (Dkt. 31) as Stipulated by all Parties by Koninklijke Philips N.V., Philips North America LLC. (Attachments: #1 Text of Proposed Order)(Rodrigues, Ruben)
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Filing 45
DECLARATION re #44 Opposition to Motion to Dismiss by Fitbit, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bush, Christine)
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Filing 44
Opposition re #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty filed by Fitbit, Inc.. (Bush, Christine)
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Filing 43
Judge William G. Young: ELECTRONIC ORDER entered granting #38 Motion for Leave to Appear Pro Hac; granting #39 Motion for Leave to Appear Pro Hac Vice; granting #40 Motion for Leave to Appear Pro Hac Vice; granting #41 Motion for Leave to Appear Pro Hac Vice. Added Y. Ernest Hsin, Wayne Barsky, Josh A. Krevitt, and 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. (Paine, Matthew)
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Filing 42
Judge William G. Young: ELECTRONIC ORDER entered granting #35 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. (Paine, Matthew)
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Filing 41
MOTION for Leave to Appear Pro Hac Vice for admission of Stuart Rosenberg Filing fee: $ 100, receipt number 0101-8425004 by Fitbit, Inc..(Bush, Christine) (Additional attachment(s) added on 9/21/2020: #1 Certification) (Paine, Matthew). (Main Document 41 replaced on 9/21/2020) (Paine, Matthew).
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Filing 40
MOTION for Leave to Appear Pro Hac Vice for admission of Josh A. Krevitt Filing fee: $ 100, receipt number 0101-8424992 by Fitbit, Inc..(Bush, Christine) (Additional attachment(s) added on 9/21/2020: #1 Certification) (Paine, Matthew). (Main Document 40 replaced on 9/21/2020) (Paine, Matthew).
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Filing 39
MOTION for Leave to Appear Pro Hac Vice for admission of Wayne Barsky Filing fee: $ 100, receipt number 0101-8424985 by Fitbit, Inc..(Bush, Christine) (Additional attachment(s) added on 9/21/2020: #1 Certification) (Paine, Matthew). (Main Document 39 replaced on 9/21/2020) (Paine, Matthew).
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Filing 38
MOTION for Leave to Appear Pro Hac Vice for admission of Y. Ernest Hsin Filing fee: $ 100, receipt number 0101-8424969 by Fitbit, Inc..(Bush, Christine) (Additional attachment(s) added on 9/21/2020: #1 Certification) (Paine, Matthew). (Main Document 38 replaced on 9/21/2020) (Paine, Matthew).
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Filing 37
NOTICE of Appearance by Laurel M. Gilbert on behalf of Fitbit, Inc. (Gilbert, Laurel)
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Filing 36
NOTICE of Appearance by Christine K. Bush on behalf of Fitbit, Inc. (Bush, Christine)
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Filing 35
MOTION for Leave to Appear Pro Hac Vice for admission of Eley O. Thompson Filing fee: $ 100, receipt number 0101-8416879 by Koninklijke Philips N.V., Philips North America LLC. (Attachments: #1 Affidavit Ruben J. Rodrigues, #2 Affidavit Eley O. Thompson)(Rodrigues, Ruben)
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Filing 34
Judge William G. Young: ELECTRONIC ORDER entered granting #33 Motion for Leave to Appear Pro Hac Vice. Added Jean-Paul Ciardullo. 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. (Paine, Matthew)
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Filing 33
MOTION for Leave to Appear Pro Hac Vice for admission of Jean-Paul Ciardullo Filing fee: $ 100, receipt number 0101-8414143 by Koninklijke Philips N.V., Philips North America LLC. (Attachments: #1 Affidavit Ruben J. Rodrigues, #2 Affidavit Jean-Paul Ciardullo)(Rodrigues, Ruben)
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Filing 32
DECLARATION re #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty, #31 Memorandum in Support of Motion, by Jean-Paul Ciardullo, by Koninklijke Philips N.V., Philips North America LLC. (Attachments: #1 Exhibit 1)(Rodrigues, Ruben)
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Filing 31
MEMORANDUM in Support re #30 MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty filed by Koninklijke Philips N.V., Philips North America LLC. (Rodrigues, Ruben)
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Filing 30
MOTION to Dismiss Claims For Indirect Infringement, Willful Infringement, and Forms of Relief Other Than a Reasonable Royalty by Koninklijke Philips N.V., Philips North America LLC.(Rodrigues, Ruben)
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Filing 29
NOTICE of Appearance by John Custer on behalf of Koninklijke Philips N.V., Philips North America LLC (Custer, John)
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Filing 28
NOTICE of Appearance by Lucas I. Silva on behalf of Koninklijke Philips N.V., Philips North America LLC (Silva, Lucas)
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Filing 27
NOTICE of Appearance by Ruben J. Rodrigues on behalf of Koninklijke Philips N.V., Philips North America LLC (Rodrigues, Ruben)
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Filing 26
ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Marianne B. Bowler. (Danieli, Chris)
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Filing 25
Case transferred in from District of California Northern; Case Number 4:20-cv-02371.
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Filing 24
ORDER GRANTING MOTION TO DISMISS AND GRANTING MOTION TO TRANSFER by Judge Phyllis J. Hamilton granting #20 Motion to Dismiss; Motion to Transfer Case. (kcS, COURT STAFF) (Filed on 8/26/2020)
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Filing 23
CLERK'S NOTICE VACATING MOTION HEARING. You are hereby notified that the hearing re #20 MOTION to Dismiss for Lack of Personal Jurisdiction and to Transfer Case to the District of Massachusetts is VACATED. The matter is taken under submission on the papers. In the event that the court determines that oral argument is necessary, the court will issue a notice to the parties with instructions on the hearing procedure at a future date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 8/18/2020)
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Filing 22
REPLY (re #20 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION to Transfer Case to the District of Massachusetts ) filed byKoninklijke Philips N.V., Philips North America LLC. (Ciardullo, Jean-Paul) (Filed on 8/17/2020)
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Filing 21
OPPOSITION/RESPONSE (re #20 MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION to Transfer Case to the District of Massachusetts) filed by Fitbit, Inc.. (Attachments: #1 Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #2 Exhibit A to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #3 Exhibit B to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #4 Exhibit C to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #5 Exhibit D to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #6 Exhibit E to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #7 Exhibit F to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #8 Exhibit G to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #9 Exhibit H to the Declaration Of Stuart M. Rosenberg In Support Of Fitbits Opposition To Defendants Motion To Dismiss And Transfer, #10 Proposed Order Denying Defendants Motion To Dismiss And Transfer)(Rosenberg, Stuart) (Filed on 8/10/2020) Modified on 8/11/2020 (jlmS, COURT STAFF).
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Filing 20
MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION to Transfer Case to the District of Massachusetts filed by Koninklijke Philips N.V., Philips North America LLC. Motion Hearing set for 9/9/2020 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 8/10/2020. Replies due by 8/17/2020. (Attachments: #1 Declaration of Loes Meerburg, #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit 1 (Judge Seeborg Ruling), #4 Exhibit 2 (ITC Complaint), #5 Exhibit 3 (Patent Assignment), #6 Exhibit 4 (Product Manual), #7 Proposed Order)(Ciardullo, Jean-Paul) (Filed on 7/27/2020)
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Filing 19
ORDER by Judge Phyllis J. Hamilton granting #17 Administrative Motion to Postpone Initial CMC. (pjhlc1S, COURT STAFF) (Filed on 6/22/2020)
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Filing 18
Opposition to Defendants #17 Administrative Motion to Postpone the Initial Case Management Conference Pending Resolution of Its Forthcoming Motion to Dismiss or Transfer filed byFitbit, Inc. (Attachments: #1 Affidavit Declaration of Stuart M. Rosenberg, #2 Exhibit A, #3 Proposed Order)(Rosenberg, Stuart) (Filed on 6/19/2020) Modified on 6/22/2020 (ajsS, COURT STAFF).
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Filing 17
ADMINISTRATIVE MOTION to Postpone the Initial Case Management Conference and Discovery Pending Defendants' Forthcoming Motions to Dismiss and Transfer filed by Koninklijke Philips N.V., Philips North America LLC. Responses due by 6/19/2020. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit 1, #3 Proposed Order)(Ciardullo, Jean-Paul) (Filed on 6/15/2020) Modified on 6/16/2020 (ajsS, COURT STAFF).
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Filing 16
STIPULATION of the parties pursuant to L.R. 6-1(a) setting July 27, 2020 for Response to the Complaint filed by Koninklijke Philips N.V., Philips North America LLC and Fitbit, Inc. (Ciardullo, Jean-Paul) (Filed on 5/28/2020) Modified on 5/29/2020 (ajsS, COURT STAFF).
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Filing 15
Corporate Disclosure Statement by Koninklijke Philips N.V., Philips North America LLC pursuant to L.R. 3-15 (Ciardullo, Jean-Paul) (Filed on 5/28/2020)
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Filing 14
Rule 7.1 Disclosures by Koninklijke Philips N.V., Philips North America LLC (Ciardullo, Jean-Paul) (Filed on 5/28/2020)
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Filing 13
NOTICE of Appearance by Jean-Paul Ciardullo for Defendants (Ciardullo, Jean-Paul) (Filed on 5/28/2020)
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Filing 12
ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 7/9/2020. Initial Case Management Conference set for 7/16/2020 at 02:00 PM in Oakland, Courtroom 3, 3rd Floor. Signed by Judge Phyllis J. Hamilton on 4/21/2020. (kcS, COURT STAFF) (Filed on 4/21/2020)
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case,. Signed by Clerk on 04/21/2020. (mbcS, COURT STAFF) (Filed on 4/21/2020)
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Filing 10
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. (cdnS, COURT STAFF) (Filed on 4/20/2020)
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Filing 9
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Fitbit, Inc... (Rosenberg, Stuart) (Filed on 4/17/2020)
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Filing 8
REPORT on the filing of an action regarding Patent Infringement (cc: form mailed to register). (Attachments: #1 Copy of Complaint)(mclS, COURT STAFF) (Filed on 4/9/2020)
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Filing 7
Summons Issued as to Koninklijke Philips N.V., Philips North America LLC. (mclS, COURT STAFF) (Filed on 4/9/2020)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/2/2020. Initial Case Management Conference set for 7/9/2020 10:00 AM. (mclS, COURT STAFF) (Filed on 4/9/2020)
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Filing 5
REPORT on the filing or determination of an action regarding a patent or trademark (cc: form mailed to register). (Rosenberg, Stuart) (Filed on 4/8/2020)
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Filing 4
Rule 7.1 Disclosures by Fitbit, Inc (Corporate Disclosure Statement and Local Rule 3-15 Certificate of Interested Entities or Persons) (Rosenberg, Stuart) (Filed on 4/8/2020)
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Filing 3
Case assigned to Magistrate Judge Thomas S. Hixson. 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 4/22/2020. (ajsS, COURT STAFF) (Filed on 4/8/2020)
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Filing 2
Proposed Summons. (Rosenberg, Stuart) (Filed on 4/8/2020)
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Filing 1
COMPLAINT for Patent Infringement against All Defendants ( Filing fee $ 400, receipt number 0971-14354463.). Filed byFitbit, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Rosenberg, Stuart) (Filed on 4/8/2020)
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