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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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`UNOPPOSED 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 (ECF No. 59, the “Protective Order”), Plaintiff Philips North America
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`LLC (“Philips”) respectfully requests the Court to impound (seal) Plaintiff’s Memorandum in
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`Opposition to Fitbit’s Motion to Strike, in Part, the Infringement Expert Report and Opinions of
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`Dr. Tom Martin Pursuant to Fed. R. C. P. 37(c)(1) and Local Rule 16.6(d) (“Philips’s Opposition”)
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`as well as Exhibit 10 filed in support thereof.
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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 Motion,
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`Philips states that Philips’s Opposition contains discussion of Fitbit’s confidential business
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`information. Specifically, Philips’s Opposition discusses the contents of an internal Fitbit technical
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`document that Fitbit designated as confidential under the protective order and filed under seal as
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`Exhibit 15 to its Motion to Strike, in Part, the infringement Expert Report and Opinions of Dr.
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`Tom Martin Pursuant to Fed. R. Civ. P. 37(c)(1) and Local Rule 16.6(d). See ECF Nos. 268, 270-
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`15, 271. In its motion to seal that this exhibit “is an internal Fitbit document describing confidential
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`business information relating to certain features of Fitbit’s accused smart watch and fitness tracker
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`Case 1:19-cv-11586-FDS Document 288 Filed 01/19/22 Page 2 of 3
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`products.” ECF No. 271 at 1-2. Philips further states that Ex. 10 filed in support of Philips’s
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`Opposition is an excerpt from the deposition of Mr. Gilles Boccon-Gibbod, which was designated
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`by Fitbit as confidential under the protective order, and which discusses this same internal Fitbit
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`technical document filed under seal by Fitbit.
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`Additionally, Philips has filed a redacted version of Philips’s Opposition (ECF No. 286)
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`with redactions of only the two sentences of Philips’s Opposition that discuss internal Fitbit
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`technical document filed under seal by Fitbit.
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`For the foregoing reasons, Philips respectfully requests that the Court permit Philips to file
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`under seal Philips’s Opposition and Exhibit 10 in support of Philips’s Opposition. Philips further
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`requests that these documents remain impounded until further Order by the Court, and that upon
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`expiration of the impoundment, these documents be returned to Philips’s counsel.
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`Dated: January 19, 2022
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`Respectfully Submitted,
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` /s/ John W. Custer
`Lucas I. Silva (BBO 673,935)
`Ruben J. Rodrigues (BBO 676,573)
`John Custer (BBO 705,258)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Suite 2500
`Boston, MA 02199-7610
`Phone: (617) 342-4000
`Fax: (617) 342-4001
`lsilva@foley.com
`rrodrigues@foley.com
`jcuster@foley.com
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`Eley O. Thompson (pro hac vice)
`FOLEY & LARDNER LLP
`321 N. Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`Phone: (312) 832-4359
`Fax: (312) 832-4700
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`Case 1:19-cv-11586-FDS Document 288 Filed 01/19/22 Page 3 of 3
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`ethompson@foley.com
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`Counsel for Plaintiff
` Philips North America LLC
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`LOCAL RULE 7.2 CERTIFICATION
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`I, John W. Custer, counsel for Philips North America LLC, hereby certify that counsel for
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`Philips has conferred with counsel for Fitbit, Inc. to resolve the issues presented in this motion
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`and that counsel for Fitbit indicated that Fitbit does not oppose the relief requested by this
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`motion.
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`Dated: January 19, 2022
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`/s/ John W. Custer
`John W. Custer
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed with
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`the Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`Dated: January 19, 2022
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`/s/ John W. Custer
`John W. Custer
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