`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`PHILIPS NORTH AMERICA LLC,
`
`v.
`
`FITBIT, INC.,
`
`Plaintiff,
`
`Defendant.
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`
`DECLARATION OF MICHELLE A. MORAN IN SUPPORT OF
`PLAINTIFF’S OPPOSITION TO FITBIT’S MOTION TO STRIKE
`PORTIONS OF THE EXPERT REPORT AND EXCLUDE CERTAIN
`OPINIONS AND TESTIMONY OF DR. MICAHEL P. AKEMANN
`
`I, Michelle A. Moran, declare as follows:
`
`1.
`
`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
`
`America, LLC (“Philips”).
`
`2.
`
`I make this declaration in support of Philips’s Opposition to Fitbit’s Motion to
`
`Strike Portions of the Expert Report and Exclude Certain Opinions and Testimony of Dr.
`
`Michael P. Akemann.
`
`3.
`
`I have personal knowledge of the facts set forth herein and, if called to testify in
`
`this matter, could and would testify to the following facts.
`
`4.
`
`Attached as Exhibit 1 is a true and correct copy of the Rebuttal Expert Report of
`
`Lauren R. Kindler, dated December 22, 2021.
`
`5.
`
`Attached as Exhibit 2 is a true and correct copy of excerpts of the Amended
`
`Expert Report of Tom Martin Concerning Infringement, dated December 12, 2021.
`
`
`
`1
`
`
`
`Case 1:19-cv-11586-FDS Document 321 Filed 02/23/22 Page 2 of 3
`
`6.
`
`Attached as Exhibit 3 is a true and correct copy of excerpts from the deposition
`
`transcript of Michael P. Akemann, Ph.D., dated January 28, 2022.
`
`7.
`
`Attached as Exhibit 4 is a true and correct copy of excerpts from the deposition
`
`transcript of Thomas L. Martin, Ph.D., dated February 1, 2022.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
` I
`
`
`
`Date: February 23, 2022
`
`
`
`/s/ Michelle A. Moran
`Michelle A. Moran
`
`
`
`2
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 321 Filed 02/23/22 Page 3 of 3
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing document was filed
`
`with the Court through the ECF system and that a copy will be electronically served on
`
`registered participants as identified on the Notice of Electronic Filing.
`
`By: /s/ Michelle A. Moran
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
