Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 1 of 8
`Case 1:19-cv-11586—FDS Document 200-7 Filed 06/18/21 Page 1 of 8
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`EXHIBIT G
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`EXHIBIT G
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`Case 1:19-cv-11586—FDS Document 200-7 Filed 06/18/21 Page 1 of 8
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`EXHIBIT G
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`EXHIBIT G
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 2 of 8
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Plaintiff,
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`v.
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`PHILIPS NORTH AMERICA LLC,
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`FITBIT, INC.
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`Defendant.
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`C.A. No. 1:19-cv-11586-IT
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`PLAINTIFF PHILIPS NORTH AMERICA LLC’S
`FIRST SUPPLEMENTAL INITIAL DISCLOSURES
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`Plaintiff Philips North America LLC (“Philips”), by and through counsel,
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`provides the following first supplemental initial disclosures per Fed. R. Civ. P.
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`26(a)(1)(A) to Defendant Fitbit, Inc. (“Fitbit”).
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`These first supplemental initial disclosures are made without waiver of, and
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`without prejudice to, any objections Philips may have regarding discoverability,
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`admissibility, relevance, or applicability of any privilege or immunity regarding the
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`subject matter of these disclosures or any documents or individuals identified herein.
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`These first supplemental initial disclosures are based on information
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`available to Philips at this time. If and when Philips obtains additional, relevant
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`information, it will further amend and/or supplement these disclosures to the extent
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`required by Rule 26(e) of the Federal Rules of Civil Procedure, including by making
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 3 of 8
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`other disclosures in discovery, through witnesses, through documents, and/or any other
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`means for production and/or supplementation of information.
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`A.
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`Knowledgeable Persons
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`Based on the information presently available to Philips, Philips believes that the
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`individuals identified below are likely to have knowledge relevant to Philips’ claims and
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`defenses. Philips reserves the right to supplement this list based on information learned
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`during the course of discovery and continuing investigation, and incorporates any
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`individuals identified during the course of discovery (whether via documents, testimony,
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`or other disclosure) into this disclosure. Philips does not waive its right to object to the
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`deposition of any of these individuals where proper:
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`Name
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`May Have Information Relevant to:
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`Contact Information
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`Gary Miller Root
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`Inventorship, the Asserted Patents
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`Through Philips’ counsel
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`Frank van Hoorn
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`Inventorship, the Asserted Patents
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`Through Philips’ counsel
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`Raymond J.
`Menard
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`Inventorship, the Asserted Patents
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`Through Philips’ counsel
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`Roger J. Quy
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`Inventorship, the Asserted Patents
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`Through Philips’ counsel
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`Corporate
`Representative(s)
`of Philips
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`Erik Pastink
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`Arie Tol
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`Philips’ Products and Business
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`Through Philips’ counsel
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`Philips’s Products and Business,
`Philips’s Licensing Practices
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`Philips’s Products and Business,
`Philips’s Licensing Practices
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`Through Philips’ counsel
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`Through Philips’ counsel
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`Peter Ridgeway
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`Certain Philips Products
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`Through Philips’ counsel
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`2
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 4 of 8
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`Brian Sagi
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`Commercial interest in technology
`governed by the ‘377 Patent and Fitbit’s
`knowledge of the ‘377 Patent
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`Through Philips’ counsel
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`Jack Young
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`Fitbit’s Knowledge of Asserted Patents,
`Willful Infringement
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`Third Party / Presently
`Unknown
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`Any witnesses
`noticed for
`deposition or
`actually deposed
`by Philips in this
`Action
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`Any witnesses
`noticed for
`deposition or
`actually deposed
`by Fitbit in this
`Action
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`Corporate
`Representative(s)
`of Fitbit.
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`Current Fitbit
`Employees
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`Preethi
`Mukundun
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`Tom Hudson
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`Mark Silverio
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`Ryan Krems
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`See material covered at said deposition.
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`See material covered at said deposition.
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`Fitbit’s Products and Business
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`Through Fitbit’s counsel
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`The design and operation of the Accused
`Products, as well as other aspects of
`Fitbit’s products and business
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`Fitbit’s business; marketing and surveys;
`topics for which she was designated.
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`Fitbit’s business; marketing and surveys;
`topics for which she was designated.
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`Fitbit’s business; marketing and surveys;
`topics for which she was designated.
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`Functionality of Accused Products;
`topics for which he was designated.
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`Through Fitbit’s counsel
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`Through Fitbit’s counsel
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`Through Fitbit’s counsel
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`Through Fitbit’s counsel
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`Through Fitbit’s counsel
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`Gilles Boccon-
`Gibod
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`Functionality of Accused Products;
`topics for which he was designated.
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`Through Fitbit’s counsel
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`3
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 5 of 8
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`Robert “Buddy”
`Herkenham
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`Functionality of Accused Products;
`topics for which he was designated.
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`Through Fitbit’s counsel
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`James Park
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`Former Fitbit
`Employees
`and/or
`contractors
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`Victor Song
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`Any topics for which he was designated,
`Fitbit’s business, the Accused Products,
`knowledge of the Asserted Patents,
`Willful Infringement.
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`Through Fitbit’s counsel
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`The design and operation of the Accused
`Products, as well as other aspects of
`Fitbit’s products and business
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`TBD
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`Notice of the Asserted Patents, Willful
`Infringement, Fitbit Patent Practices
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`1 Mandalay Place, Unit
`1611, South San
`Francisco, CA 94080
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`Fitbit Customers The operation of the Accused Products,
`as well as other aspects of Fitbit’s
`products and business
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`TBD
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`There are likely be additional individuals identified in documents produced
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`by the parties and in response to interrogatories who have information related to the
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`claims at issue and who may also be called as witnesses. Philips reserves the right to
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`supplements these disclosures, and incorporates any individuals identified during
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`discovery herein. Philips additionally identifies, and incorporates herein by reference,
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`any additional individuals disclosed or identified by Fitbit and any supplementation
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`thereto, and any witness otherwise deposed in this case. Philips reserves the right to
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`present any witnesses for any topic relevant to this case, the recited areas of information
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`are exemplary only and limited by the information available to Philips at this time.
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`4
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 6 of 8
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`B.
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`Documents
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`Without waiving any objections, Philips has produced documents and
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`information in its possession, custody, or control that it may use to support tis claims or
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`defenses in due course, and in accordance with the local rules, and will further
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`supplement as necessary. During the course of discovery, the parties have produced
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`documents that Philips may rely on, which relate to: the Asserted Patents, the products
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`accused of infringement in this case, relevant license agreements (if any), as well as other
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`information that may bear on the claims and defenses in this action.
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`C.
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`Damages
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`Philips seeks recovery of any and all damages caused by Fitbit’s infringement,
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`including at least a reasonable royalty, enhanced damages for a finding that said
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`infringement was willful, a declaration that this case is exception under 35 U.S.C. § 285,
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`and recovery of Philips’ costs and attorneys’ fees. Philips has or will be producing
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`documents in support of its damages claim, and will likely serve one or more expert
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`reports in support of its damages claim in accordance with the case schedule. While
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`Philips maintains that it has complied with the requirements of Rule 26 with regards to its
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`Damages disclosure especially in light of Fitbit’s refusal to provide damages information
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`earlier in the case (see e.g., 11-25-2019 Joint Stmt. Scheduling, Dkt. 23, Fitbit seeking to
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`“defer[] damages-related discovery), in light of the conference with the Court held on
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`January 20th, 2021 and Philips’s desire to avoid unnecessary briefing on this issue,
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`Philips has decide that it will be further supplementing this response by January 28th,
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`2021.
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`5
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 7 of 8
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`D.
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`Insurance.
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`Philips is presently unaware of any responsive insurance agreements.
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`Dated: January 22, 2021
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`Respectfully Submitted,
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`
` /s/ Ruben J. Rodrigues
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
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`
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`Eley O. Thompson (pro hac vice to be filed)
`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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`Counsel for Plaintiff
` Philips North America LLC
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`6
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`Case 1:19-cv-11586-FDS Document 200-7 Filed 06/18/21 Page 8 of 8
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a true and correct copy of the above document was
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`served on January 22, 2021 on counsel for Defendant via electronic mail.
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`/s/ Ruben J. Rodrigues____
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`7
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