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`Case 1:19-cv-11586-FDS Document 287 Filed 01/19/22 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`FITBIT, INC.,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF PHILIPS’S OPPOSITION
`TO FITBIT’S MOTION TO STRIKE, IN PART, THE INFRINGEMENT EXPERT
`REPORT AND OPINIONS OF DR. TOM MARTIN PURSUANT TO FED. R. CIV. P.
`37(c)(1) AND LOCAL RULE 16.6(d)
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`I, John W. Custer, declare as follows:
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`1.
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`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
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`America, LLC (“Philips”).
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`2.
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`I make this declaration in support of Philips’s Opposition to Fitbit’s Motion to
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`Strike, in Part, the Infringement Expert Report and Opinions of Dr. Tom Martin Pursuant to
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`Fed. R. Civ. P. 37(c)(1) and Local Rule 16.6(d).
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`3.
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`I have personal knowledge of the facts set forth herein and, if called to testify in
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`this matter, could and would testify to the following facts.
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`4.
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`Attached as Exhibits 1-9 are true and correct copies of claim charts served with
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`Philips’s First Supplemental L.R. 16.6(d)(1) Disclosures served on May 15, 2020.
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`5.
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`Attached as Exhibit 10 is a true and correct copy of an excerpt of the Deposition
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`Transcript from the deposition of Gilles Boccon-Gibod taken on January 22, 2021.
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`1
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`Case 1:19-cv-11586-FDS Document 287 Filed 01/19/22 Page 2 of 3
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: January 19, 2022
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`/s/ John W. Custer
`John W. Custer
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`Case 1:19-cv-11586-FDS Document 287 Filed 01/19/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed
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`with the Court through the ECF system and that a copy will be electronically served on
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`registered participants as identified on the Notice of Electronic Filing.
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`By: /s/ John W. Custer
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`3
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