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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-FDS
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`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF
`PLANTIFF’S MOTION TO STRIKE PORTIONS OF NOVEMBER 16, 2021 EXPERT
`REPORT OF JOSEPH A. PARADISO AS TO PREVIOUSLY WITHHELD PRIOR ART
`AND INDEFINITENESS DEFENSE
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`I, John W. Custer, declare as follows:
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`1.
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`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
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`America, LLC (“Philips”).
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`2.
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`I make this declaration in support of Philips’s Motion to Strike Portions of
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`November 16, 20201 Expert Report of Joseph A. Paradiso As To Previously Withheld Prior Art
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`And Indefiniteness Defense.
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`3.
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`I have personal knowledge of the facts set forth herein and, if called to testify in
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`this matter, could and would testify to the following facts.
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`4.
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`Attached as Exhibit 1 is a true and correct copy of Fitbit’s Invalidity and Non-
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`Infringement Contentions served on March 13, 2020.
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`5.
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`Attached as Exhibit 2 is a true and correct copy of Fitbit’s Amended Invalidity
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`and Non-Infringement Contentions served on December 21, 2020.
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`6.
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`Attached as Exhibit 3 is a true and correct copy of the Expert Report of Joseph A.
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`Paradiso, Ph.D. Regarding Invalidity of U.S. Patent No. 8,277,377.
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`4814-7707-8523
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`1
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`Case 1:19-cv-11586-FDS Document 261 Filed 12/13/21 Page 2 of 3
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`7.
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`Attached as Exhibit 4 is a true and correct copy of Exhibit 24 to 2020-01-31
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`Plaintiff Philips North America LLC’s L.R. 16.6(d)(1) Disclosures.
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`8.
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`Attached as Exhibit 5 is a true and correct copy of Exhibit 24 to 2020-05-15
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`Plaintiff Philips North America LLC’s First Supplemental L.R. 16.6(d)(1) Disclosures.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: December 13, 2021
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`/s/ John W. Custer
`John W. Custer
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`4814-7707-8523
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`2
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`Case 1:19-cv-11586-FDS Document 261 Filed 12/13/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed
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`with the Court through the ECF system and that a copy will be electronically served on
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`registered participants as identified on the Notice of Electronic Filing.
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`4814-7707-8523
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`By: /s/ John W. Custer
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`3
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