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`Exhibit 2
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`Case 1:19-cv-11586-FDS Document 241-2 Filed 09/28/21 Page 2 of 6
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`1
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`)
`
`)))
`
`Gerald E. Helget,
`Plaintiff,
`
`
`vs. ) Case No. 21-mc-91150-FDS
`
`)
`Defendant. )
`
`))
`
`Fitbit, Inc.,
`
`
`BEFORE: The Honorable Magistrate Judge Jennifer C. Boal
`
`Videoconferenced Motion Hearing
`
`April 21, 2021
`
`Marianne Kusa-Ryll, RDR, CRR
`Official Court Reporter
`United States District Court
`595 Main Street, Room 514A
`Worcester, MA 01608-2093
`508-929-3399 justicehill@aol.com
`Mechanical Steno - Transcript by Computer
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`Case 1:19-cv-11586-FDS Document 241-2 Filed 09/28/21 Page 3 of 6
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`2
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`APPEARANCES (remotely):
`
`Foley & Lardner LLP
`Ruben Rodrigues, Esquire
`111 Huntington Ave.
`Suite 2500
`Boston, Massachusetts 02199-7610
`on behalf of the Plaintiff
`Foley & Lardner LLP
`Eley O. Thompson, Esquire
`321 North Clark Street
`Suite 2800
`Chicago, Illinois 60654
`on behalf of the Plaintiff
`Foley & Lardner LLP
`Michelle A. Moran, Esquire
`777 E. Wisconsin Avenue
`Milwaukee, Wisconsin 53202
`On behalf of the Plaintiff
`Desmarais LLP
`Brian D. Matty, Esquire
`Karim Z. Oussayef, Esquire
`230 Park Avenue
`New York, New York 10169
`On behalf of the Defendant
`Wolf, Greenfield & Sacks, PC
`Elizabeth A. DiMarco, Esquire
`600 Atlantic Avenue
`Boston, Massachusetts 02210
`On behalf of the Defendant
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`Case 1:19-cv-11586-FDS Document 241-2 Filed 09/28/21 Page 4 of 6
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`3
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`P R O C E E D I N G S
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`THE CLERK: Today is April 21, 2021. We're on the
`record in the matter of Gerald Helget v. Fitbit, Inc.
`The case number is 21-mc-91150.
`Will counsel please identify themselves for the
`
`record.
`
`MR. THOMPSON: Good morning, your Honor. I am Eley
`Thompson on behalf of Mr. Helget. I'm also counsel for Philips
`in the underlying action.
`With me is Ruben Rodrigues and Michelle Moran. We are
`all Foley -- from the law firm of Foley & Lardner. And it's a
`pleasure to be here before you.
`MR. MATTY: And good morning, your Honor. It's Brian
`Matty on behalf of Fitbit; and with me is Karim Oussayef and
`Elizabeth DiMarco also on behalf of Fitbit. And I believe we
`have one or two of our client representatives listening in on
`the public line.
`THE COURT: Good morning, everyone.
`So I'll hear from Mr. Helget's attorneys first. They
`have filed the motion to quash. I do have questions -- two
`questions for each side to comment on.
`It has -- the briefing started with respect to this
`motion in February, I believe, and ended on March 4th, and I
`would be interested to know if from your perspective if there
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`Case 1:19-cv-11586-FDS Document 241-2 Filed 09/28/21 Page 5 of 6
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`8
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`what -- what they brought forth.
`As far as timing, I would direct the court's attention
`to the docket order 54 in this case, which is the scheduling
`order, and if the -- in the -- in the scenario where they would
`have pled inequitable conduct and they maybe sought to expand
`it, the order provides that except for good cause no motion
`seeking leave to amend the pleadings to assert new claims or
`defenses may be filed after March 24, 2020. That's not recent.
`That's a whole year ago.
`THE COURT: I know, but the problem is that they
`haven't even filed their answer yet. So it's a motion to amend
`the pleadings so...
`The whole posture here is a little bit unusual.
`MR. THOMPSON: I would agree. That -- that -- that is
`right, but I think that the judge will look to that and address
`when they do try to assert this, which I have specifically
`tried not to have it reviewed by the judge, by the District
`Court judge, that where that will be an important factor
`because if you look at when discovery -- even if you look at
`when discovery began, which began on January 10, 2020, and of
`course it closed March 23, 2021. There were 14 months of fact
`discovery.
`In month 13, they noticed a subpoena of Mr. Helget,
`and they had never previously mentioned inequitable conduct.
`Then with less than 6 weeks of discovery left, Fitbit for the
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`Case 1:19-cv-11586-FDS Document 241-2 Filed 09/28/21 Page 6 of 6
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`C E R T I F I C A T E
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`I, Marianne Kusa-Ryll, RDR, CRR, do hereby
`certify that the foregoing transcript is a true and accurate
`transcription of my stenographic notes before the Honorable
`Timothy S. Hillman, to the best of my skill, knowledge, and
`ability.
`
`
`
`
`/s/ Marianne Kusa-Ryll
`Marianne Kusa-Ryll, RDR, CRR
`Official Court Reporter
`
`4/22/21
`Date
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