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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`Civil Action No. 1:19-cv-11586-FDS
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`v.
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`FITBIT LLC,
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`Defendant.
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`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT LLC’S OPPOSITION
`TO PHILIPS’S MOTION TO STRIKE FITBIT’S INEQUITABLE CONDUCT DEFENSE
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`I, David J. Shaw, hereby declare:
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`1.
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`I am an attorney at Desmarais LLP, counsel of record for Fitbit LLC (“Fitbit”). I
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`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.
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`2.
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`I make this declaration in support of Fitbit’s opposition to Philips’s motion to strike
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`Fitbit’s inequitable conduct defense (D.I. 236).
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy of Fitbit’s Supplemental
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`Objections and Responses to Philips’s First Interrogatory, dated February 26, 2021.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of an excerpt from the
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`transcript of the hearing before Magistrate Judge Boal regarding Mr. Gerald Helget’s motion to
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`quash Fitbit’s deposition subpoena in the matter Gerald Helget v. Fitbit, Inc., Case No. 1:21-mc-
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`91150 (D. Mass.), dated April 21, 2021.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of Chapter 2000 of the Eighth
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`Edition, Rev. 5, of the Manual of Patent Examining and Procedure (August 2006), also available
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`
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`Case 1:19-cv-11586-FDS Document 241 Filed 09/28/21 Page 2 of 3
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`at https://www.uspto.gov/web/offices/pac/mpep/old/mpep_E8R5.htm, as visited on September 28,
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`2021.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of an excerpt of Chapter 800
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`of the Eighth Edition, Rev. 5, of the Manual of Patent Examining and Procedure (August 2006),
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`also available at https://www.uspto.gov/web/offices/pac/mpep/old/mpep_E8R5.htm, as visited on
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`September 28, 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 September 28, 2021 in Washington, DC.
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`
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`
`
`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`
`
`2
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`
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`Case 1:19-cv-11586-FDS Document 241 Filed 09/28/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that the foregoing document has been filed through the CM/ECF system and will
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`be sent electronically to the registered participants as identified on the Notice of Electronic Filing
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`(NEF) and paper copies will be sent to those indicated as non-registered participants on
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`September 28, 2021.
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`/s/ Gregory F. Corbett
`Gregory F. Corbett
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