`
`
`
`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
`
`
`UNOPPOSED MOTION TO IMPOUND/SEAL DESIGNATED
`MATERIAL
`
`Pursuant to Local Rule 7.2 and the Order Adopting Discovery Stipulation and Modified
`
`Protective Order in this case (ECF No. 59, the “Protective Order”), Plaintiff Philips North America
`
`LLC (“Philips”) respectfully requests the Court to impound (seal) Plaintiff’s Opposition to Fitbit’s
`
`Motion to Strike Portions of the Expert Report and Exclude Certain Opinions and Testimony of
`
`Dr. Michael P. Akemann (“Philips’s Opposition”) as well as Exhibits 1 and 3 filed in support
`
`thereof.
`
`The Protective Order allows parties to designate discovery material that contains or
`
`constitutes confidential business information as “CONFIDENTIAL.” As grounds for this Motion,
`
`Philips states that Philips’s Opposition, Exhibits 1 and 3 contains discussion of Fitbit and Philips’s
`
`confidential business information. Specifically, Philips’s Opposition discusses details of certain of
`
`Philips’s licenses with third-parties that are designated confidential under the protective order.
`
`Exhibit 1 is Fitbit’s damages rebuttal expert report and contains confidential information regarding
`
`confidential negotiations between Fitbit and Philips as well as confidential financial information
`
`of both Fitbit and Philips. Exhibit 3 is excerpts from the deposition of Philips’s damages expert,
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 322 Filed 02/23/22 Page 2 of 4
`
`
`
`Michael P. Akemann that contains Philips’s confidential licensing information and has been
`
`designated as confidential under the protective order.
`
`Additionally, Philips has filed a redacted version of Philips’s Opposition (ECF No. 320)
`
`with redactions of the portions of Philips’s Opposition that contain details of Philips’s confidential
`
`third-party licenses.
`
`For the foregoing reasons, Philips respectfully requests that the Court permit Philips to file
`
`under seal Philips’s Opposition, Exhibits 1 and 3 in support thereof. Philips further requests that
`
`these documents remain impounded until further Order by the Court, and that upon expiration of
`
`the impoundment, this document be returned to Philips’s counsel.
`
`Dated: February 23, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
` /s/ Michelle A. Moran
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John Custer (BBO 705,258)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@foley.com
`
`
`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
`ethompson@foley.com
`
`Michelle A. Moran
`FOLEY & LARDNER LLP
`777 East Wisconsin Avenue
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 322 Filed 02/23/22 Page 3 of 4
`
`Milwaukee, WI 53202
`Phone: (414) 271-2400
`Fax: (414)297-4900
`mmoran@foley.com
`
`Counsel for Plaintiff
` Philips North America LLC
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 322 Filed 02/23/22 Page 4 of 4
`
`
`
`
`LOCAL RULE 7.2 CERTIFICATION
`
`I, Michelle A. Moran, counsel for Philips North America LLC, hereby certify that counsel
`
`for Philips has conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion
`
`and that counsel for Fitbit indicated that Fitbit does not oppose the relief requested by this motion.
`
`
`
`Dated: February 23, 2022
`
`
`
`
`
`
`
`
`/s/ Michelle A. Moran
`Michelle A. Moran
`
`
`
`
`
`
`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.
`
`Dated: February 23, 2022
`
`
`
`
`
`
`
`/s/ Michelle A. Moran
`Michelle A. Moran
`
`
`
`
`
`
`
`
`
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
