`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`PHILIPS NORTH AMERICA LLC,
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`
`Plaintiff,
`
`v.
`
`
`
`
`FITBIT, INC,
`
`
`
`
`Defendant.
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
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`
`
`
`
`
`
`
`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT, INC.’S MOTION TO
`COMPEL THE PRODUCTION OF CERTAIN OF MR. ARIE TOL’S EMAIL
`COMMUNICATIONS
`
`I, David J. Shaw, hereby declare:
`
`1.
`
`I am an attorney at Desmarais LLP, counsel of record for Fitbit, Inc. (“Fitbit”). I
`
`am admitted pro hac vice to this Court. I have personal knowledge of the facts set forth herein
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`and could competently testify to them if called as a witness.
`
`2.
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`I make this declaration in support of Fitbit’s Motion to Compel the Production of
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`Certain of Mr. Arie Tol’s Email Communications.
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`3.
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`Attached hereto as Exhibit A is a true and correct redacted copy of Philips North
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`America LLC’s (“Philips”) Supplemental Confidential Privilege Log for the emails of Arie Tol,
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`dated April 16, 2021.
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`4.
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`Attached hereto as Exhibit B is a true and correct copy of correspondence between
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`Philips and Fitbit, dated April 13, 2017 and produced at PNA-FB0012463-PNA-FB0012470.
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`5.
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`Attached hereto as Exhibit C is a true and correct copy of email correspondence
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`between Philips and Fitbit, dated April 21, 2017 through December 12, 2017 and produced at
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`PNA-FB0006567-PNA-FB0006575.
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`
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`Case 1:19-cv-11586-FDS Document 200 Filed 06/18/21 Page 2 of 4
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`6.
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`Attached hereto as Exhibit D is a true and correct copy of email correspondence
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`between Philips and Fitbit, dated August 21, 2018 through February 21, 2019 and produced at
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`PNA-FB0006725-FB0006737.
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`7.
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`Attached hereto as Exhibit E is a true and correct copy of an excerpt from the
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`deposition transcript of Mr. Arie Tol, dated January 13, 2021.
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`8.
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`Attached hereto as Exhibit F is a true and correct copy of Philips’s Initial
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`Disclosures, dated January 10, 2020.
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`9.
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`Attached hereto as Exhibit G is a true and correct copy of Philips’s First
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`Supplemental Initial Disclosures, dated January 22, 2021.
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`10.
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`Attached hereto as Exhibit H is a true and correct copy of correspondence between
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`counsel for Fitbit and counsel for Philips, dated January 26, 2021.
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`11.
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`Attached hereto as Exhibit I is a true and correct copy of email correspondence
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`between counsel for Philips and counsel for Fitbit, dated February 9, 2021.
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`12.
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`Attached hereto as Exhibit J is a true and correct redacted copy of Philips’s
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`Confidential Privilege Log for the emails of Arie Tol, dated March 23, 2021.
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`13.
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`Attached hereto as Exhibit K is a true and correct copy of email correspondence
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`between counsel for Philips and counsel for Fitbit, dated April 20, 2021 to May 11, 2021.
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`14.
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`Attached hereto as Exhibit L is a true and correct redacted copy of Philips’s
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`Supplemental Confidential Privilege Log for the emails of Arie Tol, dated May 28, 2021.
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`15.
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`Attached hereto as Exhibit M is a true and correct redacted copy of Philips’s Second
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`Supplemental Confidential Privilege Log for the emails of Arie Tol, dated June 11, 2021.
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`
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`2
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`Case 1:19-cv-11586-FDS Document 200 Filed 06/18/21 Page 3 of 4
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`16.
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`Attached hereto as Exhibit N is a true and correct copy and sworn translation of an
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`official summary of the Dutch case Bruil v. Tital International, Rechtbank Zutphen [District Court
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`of Zutphen], 1 May 1988, ECLI:NL:RBZUT:1988:AB8996 (Neth.).
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`17.
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`Attached hereto as Exhibit O is a true and correct copy of email correspondence
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`between counsel for Philips and counsel for Fitbit, dated May 28, 2021.
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`18.
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`Attached hereto as Exhibit P is a true and correct copy of email correspondence
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`between counsel for Philips and counsel for Fitbit, dated June 16, 2021.
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`19.
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`Attached hereto as Exhibit Q is a true and correct copy of email correspondence
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`between counsel for Philips and counsel for Fitbit, dated June 17, 2021
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`20.
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`Attached hereto as Exhibit R is a true and correct copy of Philips’s Supplemental
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`Responses to Fitbit’s First Interrogatories, dated January 22, 2021.
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`21.
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`Attached hereto as Exhibit S is a true and correct copy of excerpts of the Dutch
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`Patent Act, available at https://wetten.overheid.nl/BWBR0007118/2020-04-01, as visited upon
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`June 18, 2021.
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`I declare under penalty of perjury that the foregoing statements are true and correct to the
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`best of my knowledge.
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`Executed June 18, 2020 in Washington, DC.
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`
`
`/s/ David J. Shaw
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`David J. Shaw (pro hac vice)
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`
`3
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`Case 1:19-cv-11586-FDS Document 200 Filed 06/18/21 Page 4 of 4
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`CERTIFICATE OF SERVICE
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`I hereby certify that, on June 18, 2021, I electronically filed the foregoing with the Clerk’s
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`Office using the Court’s CM/ECF system, which will send notification of this filing (NEF) to all
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`registered participants, and paper copies will be sent to those indicated as non-registered
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`participants.
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`Dated: June 18, 2021
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`
`
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`
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`/s/ Gregory F. Corbett
`Gregory F. Corbett
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`
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`4
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