`
`
`JEAN-PAUL CIARDULLO, CA Bar No. 284170
` jciardullo@foley.com
`FOLEY & LARDNER LLP
`555 South Flower Street, Suite 3300
`Los Angeles, CA 90071
`Telephone: 213-972-4500
`Facsimile: 213-486-0065
`
`ELEY O. THOMPSON (pro hac vice)
` ethompson@foley.com
`FOLEY & LARDNER LLP
`321 N. Clark Street, Suite 2800
`Chicago, IL 60654-5313
`Telephone: 312-832-4359
`Facsimile: 312-83204700
`
`RUBEN J. RODRIGUES (pro hac vice)
`rrodrigues@foley.com
`LUCAS I. SILVA (pro hac vice)
`lsilva@foley.com
`JOHN W. CUSTER (pro hac vice)
`jcuster@foley.com
`FOLEY & LARDNER LLP
`111 Huntington Avenue, Suite 2500
`Boston, MA 02199-7610
`Telephone: (617) 342-4000
`Facsimile: (617) 342-4001
`
`Attorneys for Plaintiff
`Philips North America LLC
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No. 2:19-cv-06301-AB-KS
`DECLARATION OF
`JEAN-PAUL CIARDULLO
`IN SUPPORT OF
`PHILIPS NORTH AMERICA LLC’s
`REPLY IN SUPPORT OF ITS
`MOTION UNDER RULE 54(b) TO
`ENTER FINAL JUDGMENT AS TO
`COUNT I FOR INFRINGEMENT OF
`U.S. PATENT NO. 6,013,007
`
`
`
`
`Philips North America LLC,
`
`
`
`
`Plaintiff,
`
`
`vs.
`
`
`Garmin International, Inc.
`Garmin USA, Inc. and Garmin Ltd.,
`
`
`
`
`Defendants.
`
`
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`4822-3649-5571.1
`
`
`
`Case 2:19-cv-06301-AB-KS Document 116-1 Filed 12/04/20 Page 2 of 2 Page ID #:3645
`
`
`
`
`I, Jean-Paul Ciardullo, declare as follows:
`1.
`I am an attorney with Foley & Lardner LLP, counsel to Plaintiff Philips North
`America LLC (“Philips”) in this action.
`2.
`This declaration is based upon a combination of my personal knowledge and
`information learned from other members of my legal team.
`3.
`Garmin did not seek an IPR on the ’007, ’377, and ’542 Patents referenced in
`the briefing, and also that although Garmin joined with Fitbit on an IPR petition for the’233
`Patent, Garmin declined to join when Fitbit also pursued an IPR on the ’377 Patent, which
`the Patent Office subsequently declined to institute.
`4.
`Philips had no intention of trying to avoid a deposition of Mr. Krull prior to
`claim construction. Philips deposed all witnesses after the claim construction order due to
`the timing of discovery and other unrelated considerations.
`5.
`Philips is separately litigating the ’377 Patent against Fitbit in a parallel
`lawsuit that is in the midst of discovery and not as far along as the present case.
`Attached hereto as Exhibits 1, 2, 3, and 4 are infringement claim charts
`6.
`served by Philips in this action.
`
` I
`
` declare under penalty of perjury that the foregoing is true and correct to the best
`of my knowledge.
`
`Dated: December 4, 2020
`
`
`
`
`
`
`
`
`
`/s/ Jean-Paul Ciardullo
`Jean-Paul Ciardullo
`
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`4822-3649-5571.1
`
`1
`
`
` DECLARATION
`CASE NO. 2:19-cv-06301-AB-KS
`
`
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