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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`Civil Action No. 1:19-cv-11586-FDS
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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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`ASSENTED-TO MOTION TO IMPOUND/SEAL DESIGNATED MATERIAL
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`Pursuant to Local Rule 7.2 and the Order Adopting Discovery Stipulation and Modified
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`Protective Order in this case (“Protective Order”), ECF No. 59, Defendant Fitbit, Inc. (“Fitbit”),
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`respectfully requests the Court to impound (seal) Exhibits 2 and 15 filed in support of ECF No.
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`268, Fitbit’s Motion to Strike, in Part, the Infringement Expert Report and Opinions of Dr. Tom
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`Marin Pursuant to Fed. R. Civ. P. 37(C)(1) and Local Rule 16.6(D). Philips does not oppose this
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`Motion to Impound/Seal.
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`The Protective Order allows parties to designate discovery material that contains or
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`constitutes confidential business information as “CONFIDENTIAL.” As grounds for this
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`Motion, Fitbit states that Exhibits 2 and 15 contain sensitive confidential business information.
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`Exhibit 2 is Philips’s infringement report, which contains confidential information regarding the
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`operation of the accused Fitbit wearable devices, applications, and servers, including descriptions
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`of Fitbit source code, that has been designated Confidential Source Code—Attorneys’ Eyes Only
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`Information under the Protective Order. (D.I. 59, 70.) Exhibit 15 is an internal Fitbit document
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`describing confidential business information relating to certain features of Fitbit’s accused smart
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`Case 1:19-cv-11586-FDS Document 271 Filed 01/05/22 Page 2 of 3
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`watch and fitness tracker products. Exhibit 15 has been designated Confidential under the
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`Protective Order (D.I. 59).
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`For the foregoing reasons, Fitbit respectfully requests that the Court permit Fitbit to file
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`under seal Exhibits 2 and 15 filed in support of ECF No. 268, Fitbit’s Motion to Strike, in Part,
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`the Infringement Expert Report and Opinions of Dr. Tom Marin Pursuant to Fed. R. Civ. P.
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`37(C)(1) and Local Rule 16.6(D). Fitbit further requests that the documents remain impounded
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`until further Order by the Court, and that upon expiration of the impoundment, the documents be
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`returned to Fitbit’s counsel.
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`Date: January 5, 2022
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`Respectfully Submitted,
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`dshaw@desmaraisllp.com
`DESMARAIS LLP
`1701 Pennsylvania Ave., Suite 200
`Washington, D.C. 20006
`Telephone: (202) 451-4900
`Facsimile: (202) 451-4901
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`Karim Z. Oussayef (pro hac vice)
`koussayef@desmaraisllp.com
`Leslie M. Spencer (pro hac vice)
`lspencer@desmaraisllp.com
`Brian D. Matty (pro hac vice)
`bmatty@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
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`Ameet A. Modi (pro hac vice)
`amodi@desmaraisllp.com
`DESMARAIS LLP
`101 California Street
`San Francisco, CA 94111
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`2
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`Case 1:19-cv-11586-FDS Document 271 Filed 01/05/22 Page 3 of 3
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`Telephone: (415) 573-1900
`Facsimile: (415) 573-1901
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`Gregory F. Corbett (BBO #646394)
`gcorbett@wolfgreenfield.com
`Elizabeth A. DiMarco (BBO #681921)
`edimarco@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 646-8000
`Facsimile: (617) 646-8646
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`Counsel for Defendant Fitbit, Inc.
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`CERTIFICATE PURSUANT TO LOCAL RULE 7.1(a)(2)
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`The undersigned hereby certifies that counsel for Fitbit conferred with counsel for Philips
`in a good-faith attempt to resolve or narrow the issue raised by this motion. Philips’s counsel
`indicated that Philips does not oppose the relief requested by this Motion.
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`/s/ David J. Shaw
`David J. Shaw
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`CERTIFICATE OF SERVICE
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`I certify that this document is being filed through the Court’s electronic filing system,
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`which serves counsel for other parties who are registered participants as identified on the Notice
`of Electronic Filing (NEF). Any counsel for other parties who are not registered participants are
`being served by first class mail on the date of electronic filing.
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`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
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`3
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