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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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`v.
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`FITBIT, INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`UNOPPOSED MOTION TO IMPOUND/SEAL PRESENTATION
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`Pursuant to Local Rule 7.2 and the Order Adopting Discovery Stipulation and Modified
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`Protective Order in this case (ECF No. 59, the “Protective Order”), Plaintiff Philips North America
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`LLC (“Philips”) respectfully requests the Court to impound (seal) Philips’s Presentation for
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`Summary Judgment Motions (“Presentation”).
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`The Protective Order allows parties to designate discovery material that contains or
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`constitutes confidential business information as “CONFIDENTIAL.” As grounds for this Motion,
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`Philips states that Philips’s Presentation contain discussion of Fitbit’s confidential business
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`information. Specifically, these slides discuss confidential business information relating to certain
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`features of Fitbit’s accused smart watch and fitness trackers and describe confidential business
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`information relating to Fitbit’s marketing strategies.
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`Additionally, in response to a subpoena, Icon Health & Fitness (“Icon”), a third party to
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`this matter, produced documents related to the design and operation of several of their fitness
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`products and services and marked these documents as confidential under the Protective Order
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`because Icon believed them to include confidential business information. Icon likewise designated
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`the transcript of the deposition of one of their employees, Ms. Logan, as confidential under the
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`Protective Order. Several of the slides in Philips’s Presentation include excerpts from Ms. Logan’s
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`Case 1:19-cv-11586-FDS Document 391 Filed 07/11/22 Page 2 of 4
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`deposition transcript and/or from Fitbit’s technical expert’s invalidity report (designated by Fitbit
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`as confidential under the Protective Order) that discuss the documents and testimony of Ms. Logan
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`that was marked by Icon as confidential.
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`Further, Philips has filed a redacted version of Philip’s Presentation for Summary Judgment
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`Motions with redactions of only the slides that discuss Fitbit or Icon confidential business
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`information.
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`For the foregoing reasons, Philips respectfully requests that the Court permit Philips to file
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`under seal Philips’s Summary Judgment Hearing Slides. Philips further requests that these
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`documents remain impounded until further Order by the Court, and that upon expiration of the
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`impoundment, these document be returned to Philips’s counsel.
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`Dated: July 11, 2022
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`Respectfully Submitted,
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` /s/ John W. Custer
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John W. 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
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`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
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`Case 1:19-cv-11586-FDS Document 391 Filed 07/11/22 Page 3 of 4
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`Michelle A. Moran (pro hac vice)
`FOLEY & LARDNER LLP
`777 East Wisconsin Avenue
`Milwaukee, WI 53202
`Phone: (414) 271-2400
`Fax: (414)297-4900
`mmoran@foley.com
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`Counsel for Plaintiff
` Philips North America LLC
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`Case 1:19-cv-11586-FDS Document 391 Filed 07/11/22 Page 4 of 4
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`LOCAL RULE 7.2 CERTIFICATION
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`I, John W. Custer, counsel for Philips North America LLC, hereby certify that counsel for
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`Philips has conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion and
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`that counsel for Fitbit indicated that Fitbit does not oppose the relief requested by this motion.
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`Dated: July 11, 2022
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`/s/ John W. Custer
`John W. Custer
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed with the
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`Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`Dated: July 11, 2022
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`/s/ John W. Custer
`John W. Custer
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