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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 CHAD PETERMAN IN SUPPORT OF DEFENDANT
`FITBIT, INC.’S RESPONSIVE CLAIM CONSTRUCTION BRIEF
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`I, Chad Peterman, 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 excerpts from the deposition
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`transcript of Dr. Thomas Martin, taken on June 18, 2020.
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`3.
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`Attached as Exhibit B is a true and correct copy of excerpts from the Federal
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`Circuit Bar Association’s Model Patent Jury Instructions, last edited May 2020. The Model
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`Patent Jury Instructions are available and can be retrieved from the website for the Federal
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`Circuit Bar Association (https://fedcirbar.org/IntegralSource/Model-Patent-Jury-Instructions).
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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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`Case 1:19-cv-11586-IT Document 78-1 Filed 07/08/20 Page 2 of 3
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`Executed on July 8, 2020 in New York City, New York.
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`/s/ Chad Peterman
`Chad Peterman (Pro Hac Vice)
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`Case 1:19-cv-11586-IT Document 78-1 Filed 07/08/20 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: July 8, 2020
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`By: /s/ Yar R. Chaikovsky
`Yar R. Chaikovsky (Pro Hac Vice)
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`- 3 -
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