`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`PHILIPS NORTH AMERICA LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`FITBIT LLC,
`
`
`
`
`Defendant.
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`
`
`
`
`
`
`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT LLC’S SUR-REPLY
`REGARDING PHILIPS’ MOTION TO STRIKE PORTIONS OF THE
`NOVEMBER 16, 2021 EXPERT REPORT OF JOSEPH A. PARADISO (DKT. 259)
`
`I, David J. Shaw, hereby declare:
`
`1.
`
`I am an attorney at Desmarais LLP, counsel of record for Fitbit LLC (“Fitbit”). I
`
`am admitted pro hac vice to this Court. I have personal knowledge of the facts set forth herein
`
`and could competently testify to them if called as a witness.
`
`2.
`
`I make this declaration in support of Fitbit’s Surreply Regarding Philips’ Motion to
`
`Strike Portions of the November 16, 2021 Expert Report of Joseph A. Paradiso (Dkt. 259).
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct excerpted copy of the Rebuttal
`
`Expert Report of Tomas Martin, served December 22, 2021.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Maxell, Ltd.’s Motion in
`
`Limine No. 10 to Exclude Evidence or Arguments Regarding Prior Art Not Elected in Defendants’
`
`Final Election of Prior Art filed on December 21, 2020 and ruled on by Judge Robert W. Schroeder
`
`III of the Eastern District of Texas in Maxell Ltd. v. Apple Inc., No. 5:19-cv-00036-RWS, 2021
`
`U.S. Dist. LEXIS 136283, at *16 (E.D. Tex. Feb. 26, 2021).
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 297 Filed 02/04/22 Page 2 of 2
`
`
`
`I declare under penalty of perjury that the foregoing statements are true and correct to the
`
`best of my knowledge.
`
`Executed February 4, 2022 in Washington, D.C.
`
`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
`
`
`
`
`
`
`
`2
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
