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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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`v.
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`FITBIT LLC,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT LLC’S MOTION FOR
`THE CONSTRUCTION OF THREE RELATED CLAIM TERMS
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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 Motion for the Construction of Three
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`Related Claim Terms and its accompanying memorandum.
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`3.
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`Attached hereto as Exhibit 11 is a true and correct excerpted copy of the Expert
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`Report of Joesph A. Paradiso, Ph.D. Concerning Non-Infringement of U.S. Patent No. 8,277,377,
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`served December 22, 2021.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct excerpted copy of the Certified
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`File History of U.S. Patent No. 8,277,377 as produced with beginning Bates number of PNA-
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`FB0001473.
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`1 Exhibit 1 is Confidential under the protective order and is 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 277 Filed 01/07/22 Page 2 of 2
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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 7, 2022 in Washington, D.C.
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
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`2
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