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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 LLC,
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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 LLC (“Fitbit”),
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`respectfully requests the Court to impound (seal) an unredacted version of Fitbit’s Memorandum
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`(ECF No. 276) in Support of its Motion (ECF No. 275) for the Construction of Three Related
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`Terms and Exhibit 1 filed in support of ECF Nos. 275 and 276, Fitbit’s Motion for the Construction
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`of Three Related Claim Terms. Philips does not oppose this Motion to Impound/Seal.
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`The Protective Order in this case allows parties to designate discovery material that
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`contains or constitutes confidential business information as “CONFIDENTIAL.” See D.I. 59. As
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`grounds for this Motion, Fitbit states that it filed a redacted public version of its Memorandum
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`(ECF No. 276) in Support of its Motion for the Construction of Three Related Terms. The redacted
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`portions contain material that has been designated Confidential pursuant to the Protective Order,
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`including block quotes of excerpts from Exhibit 1, the confidential Expert Report of Joseph A.
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`Paradiso, Ph.D. Exhibit 1 contains material that has been designated Confidential pursuant to the
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`Protective Order. Specifically, as noted, Exhibit 1 is a copy of the Expert Report of Joseph A
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`Paradiso, Ph.D. Concerning Non-Infringement of U.S. Patent No. 8,277,377 and contains
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`Case 1:19-cv-11586-FDS Document 278 Filed 01/07/22 Page 2 of 4
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`descriptions and analyses of Fitbit products, applications, and servers that have been designated
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`Confidential Source Code—Attorneys’ Eyes Only under the Protective Order.
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`For the foregoing reasons, Fitbit respectfully requests that the Court permit Fitbit to file
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`under seal an unredacted version of Fitbit’s Memorandum in Support of its Motion (ECF No. 275)
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`for the Construction of Three Related Terms and Exhibit 1 filed in support of ECF Nos. 275 and
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`276. Fitbit further requests that the document remains impounded until further Order by the Court,
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`and that upon expiration of the impoundment, the document be returned to Fitbit’s counsel.
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`Case 1:19-cv-11586-FDS Document 278 Filed 01/07/22 Page 3 of 4
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`Date: January 7, 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
`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 LLC
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`Case 1:19-cv-11586-FDS Document 278 Filed 01/07/22 Page 4 of 4
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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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