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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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`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF
`PLANTIFF’S MOTION TO STRIKE PORITIONS OF FITBIT’S
`EXPERT REBUTTAL REPORTS
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`I, John W. Custer, declare as follows:
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`1.
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`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
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`America, LLC (“Philips”).
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`2.
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`I make this declaration in support of Philips’s Motion to Strike Portions of Fitbit’s
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`Expert Rebuttal Reports.
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`3.
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`I have personal knowledge of the facts set forth herein and, if called to testify in
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`this matter, could and would testify to the following facts.
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`4.
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`Attached as Exhibit 1 is a true and correct copy of Philips North America LLC’s
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`Notice of Deposition To Defendant Fitbit, Inc., dated August 24, 2020.
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`5.
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`Attached as Exhibit 2 is a true and correct copy of Fitbit, Inc.’s Objections and
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`Responses To Plaintiff’s 30(B)(6) Notice of Oral and Videotaped Deposition, dated September 4,
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`2020.
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`6.
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`Attached as Exhibit 3 is a true and correct copy of the Amended Expert Report of
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`Tom Martin Concerning Infringement, dated December 12, 2021.
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`4891-5400-5517
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`1
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`Case 1:19-cv-11586-FDS Document 302 Filed 02/09/22 Page 2 of 3
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`7.
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`Attached as Exhibit 4 is a true and correct copy of the Expert Report of Joseph A.
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`Paradiso, Ph.D. Regarding Invalidity of U.S. Patent No. 8,277,377, dated November 16, 2021.
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`8.
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`Attached as Exhibit 5 is a true and correct 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, dated December
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`22, 2021.
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`9.
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`Attached as Exhibit 6 is a true and correct copy of excerpts from the deposition
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`transcript of Gilles Boccon-Gibod, dated January 22, 2021.
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`10.
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`Attached as Exhibit 7 is a true and correct copy of the Rebuttal Expert Report of
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`Lauren R. Kindler, dated December 22, 2021.
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`11.
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`Attached as Exhibit 8 is a true and correct copy of the Expert Report of Dr.
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`Michael Akemann, dated November 16, 2021.
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`12.
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`Attached as Exhibit 9 is a true and correct copy of an email from David Okano to
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`Ruben Rodrigues, dated January 12, 2021.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: February 9, 2022
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`/s/ John W. Custer
`John W. Custer
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`4891-5400-5517
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`2
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`Case 1:19-cv-11586-FDS Document 302 Filed 02/09/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed
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`with the Court through the ECF system and that a copy will be electronically served on
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`registered participants as identified on the Notice of Electronic Filing.
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`4891-5400-5517
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`By: /s/ John W. Custer
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`3
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