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`Case 1:19-cv-11586-IT Document 21 Filed 11/13/19 Page 1 of 3
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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-IT
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`DECLARATION OF DAVID OKANO IN SUPPORT OF DEFENDANT
`FITBIT INC.’S MOTION TO DISMISS UNDER RULE 12(b)(6)
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`I, David Okano, declare:
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`1.
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`I am an attorney with Paul Hastings LLP, counsel of record in this action for
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`Defendant Fitbit, Inc. (“Fitbit”), and admitted to this Court Pro Hac Vice. I have personal
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`knowledge of the facts set forth in this declaration and, if called as a witness, could and would
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`testify to those facts under oath.
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`2.
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`Attached as Exhibit A is a true and correct copy of an excerpt of the prosecution
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`file history of U.S. Patent No. 8,277,377, dated September 20, 2010, and titled “Amendment and
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`Response to Final Office Action.” The prosecution file history of U.S. Patent No. 8,277,377,
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`including the attached excerpt (Exhibit A), is available and can be retrieved from the “Public
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`Patent Application Information Retrieval” tool on the website of the United States Patent and
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`Trademark Office (https://portal.uspto.gov/pair/PublicPair).
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`Case 1:19-cv-11586-IT Document 21 Filed 11/13/19 Page 2 of 3
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`I declare under penalty of perjury under the laws of the United States of America that the
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`foregoing is true and correct.
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`Executed on November 13, 2019 in Palo Alto, California.
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`/s/ David Okano
`David Okano (Pro Hac Vice)
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`Case 1:19-cv-11586-IT Document 21 Filed 11/13/19 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I certify that a true copy of the above document was served on the attorney of record for
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`each party via the Court’s CM/ECF system.
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`Dated: November 13, 2019
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`By: /s/ Yar R. Chaikovsky
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`Yar R. Chaikovsky (Pro Hac Vice)
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