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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`
`
`
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`Civil Action No. 1:19-cv-11586-FDS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`FITBIT LLC,
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`Defendant.
`
`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT LLC’S MOTION TO
`STRIKE, IN PART, THE INFRINGEMENT EXPERT REPORT AND OPINIONS OF
`DR. TOM MARTIN PURSUANT TO
`FED. R. CIV. P. 37(C)(1) AND LOCAL RULE 16.6(D)
`
`
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`I, David J. Shaw, hereby declare:
`
`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 Motion to Strike, In Part, The
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`Infringement Expert Report and Opinions of Dr. Tom Martin.
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`3.
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`Attached hereto as Exhibit 1 is a true and correct copy (highlighted for clarity) of
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`email correspondence between David J. Shaw (counsel for Fitbit) and John Custer (counsel for
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`Philips), dated December 13, 2021.
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`4.
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`Attached hereto as confidential Exhibit 21 is a true and correct copy (annotated for
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`clarity) of the amended Infringement Expert Report of Dr. Tom Martin (the “Martin Report”) and
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`1 Exhibits 2 and 15 are Confidential under the protective order and are being filed under seal,
`subject to the Court’s ruling on Fitbit’s forthcoming Motion to Seal/Impound.
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`Case 1:19-cv-11586-FDS Document 270 Filed 01/05/22 Page 2 of 3
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`Exhibit K to the Martin Report, served December 15, 2021. Exhibits A-J, L, and M to the Martin
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`Report are omitted because they do not contain information subject to this motion. Exhibit 2
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`includes green redaction boxes to indicate the portions of the Martin Report that Fitbit requests be
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`stricken.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct excerpt of Plaintiff Philips North
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`America LLC’s (“Philips”) Responses to Fitbit’s Interrogatory No. 9, served February 10, 2020.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy (highlighted for clarity) of
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`correspondence between David Beckwith (counsel for Fitbit) and Ruben Rodrigues (counsel for
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`Philips), dated February 14, 2020.
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`7.
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`Attached hereto as Exhibit 5 is a true and correct copy (highlighted for clarity) of
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`correspondence between David Beckwith (counsel for Fitbit) and Ruben Rodrigues (counsel for
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`Philips), dated March 6, 2020.
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of correspondence between
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`David Okano (counsel for Fitbit) and Ruben Rodrigues (counsel for Philips), dated November 5,
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`2020.
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`9.
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` Attached hereto as Exhibit 7 is a true and correct copy of correspondence between
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`David Okano (counsel for Fitbit) and Ruben Rodrigues (counsel for Philips), dated November 12,
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`2020.
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`10.
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`Attached hereto as Exhibit 8 is a true and correct copy (highlighted for clarity) of
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`correspondence between Yar Chaikovsky (counsel for Fitbit) and Eley Thompson (counsel for
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`Philips), dated December 8, 2020.
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`11.
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`Attached hereto as Exhibit 9 is a true and correct copy of the cover pleading to
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`Philips’ initial Local Rule 16.6(d) Infringement Contentions, served January 31, 2020.
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`2
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`Case 1:19-cv-11586-FDS Document 270 Filed 01/05/22 Page 3 of 3
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`12.
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`Attached hereto as Exhibit 10 is a true and correct copy of the cover pleading to
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`Philips’ Supplemental Local Rule 16.6(d) Infringement Contentions, served March 17, 2020.
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`13.
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`Attached hereto as Exhibit 11 is a true and correct copy of the cover pleading to
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`Philips’ First Supplemental Local Rule 16.6(d) Infringement Contentions, served May 15, 2020.
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`14.
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`Attached hereto as Exhibit 12 is a true and correct copy of an exemplary claim chart
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`served by Philips as Exhibit 24 to Philips’ First Supplemental Local Rule 16.6(d) Infringement
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`Contentions on May 15, 2020.
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`15.
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`Attached hereto as Exhibit 13 is a true and correct copy of a document produced by
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`Philips at Bates number PNA-FB0016597-600.
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`16.
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`Attached hereto as Exhibit 14 is a true and correct copy of a document produced by
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`Philips at Bates number PNA-FB0007214-17.
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`17.
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`Attached hereto as Exhibit 15 is a true and correct excerpt of a document produced
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`by Fitbit at Bates number Fitbit_19-11586_00049465.
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`18.
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`Attached hereto as Exhibit 16 true and correct copy of an exemplary claim chart
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`served by Philips as Exhibit 24 to Philips’ initial Local Rule 16.6(d) Infringement Contentions on
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`January 31, 2020.
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`19.
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`Attached hereto as Exhibit 17 is a true and correct copy of U.S. Patent No.
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`8,277,377 as produced at Bates number CE-FB0000451-69.
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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 January 5, 2022 in Washington, D.C.
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`
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
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`3
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