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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 SUR-REPLY
`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 sur-reply 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 email correspondence
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`between David J. Shaw and Ruben Rodrigues, dated October 4, 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 October 14, 2021 in Washington, DC.
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
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`Case 1:19-cv-11586-FDS Document 250 Filed 10/14/21 Page 2 of 2
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`CERTIFICATE OF SERVICE
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` I
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` 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 October
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`14, 2021.
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`/s/ Gregory F. Corbett
`Gregory F. Corbett
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`2
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