`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`PHILIPS NORTH AMERICA LLC,
`
`
`Plaintiff,
`
`
`
`
`Civil Action No. 1:19-cv-11586-FDS
`
`
`
`
`v.
`
`
`
`
`FITBIT LLC,
`
`
`
`
`
`
`Defendant.
`
`DECLARATION OF LESLIE M. SPENCER IN SUPPORT OF DEFENDANT FITBIT
`LLC’S MOTION TO STRIKE PORTIONS OF THE EXPERT REPORT AND EXCLUDE
`CERTAIN OPINIONS AND TESTIMONY OF DR. MICHAEL P. AKEMANN
`
`
`
`I, Leslie M. Spencer, 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
`
`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.
`
`2.
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`I make this declaration in support of Defendant Fitbit LLC’s Motion to Strike
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`Portions of the Expert Report and Exclude Certain Opinions and Testimony of Dr. Michael P.
`
`Akemann.
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`3.
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`Attached hereto as Exhibit 11 is a true and correct copy of the Expert Report of Dr.
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`Michael P. Akemann, served November 16, 2021.
`
`
`1 Exhibits 1-8 are Confidential under the protective order and are 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 307 Filed 02/09/22 Page 2 of 2
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of the License Agreement
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`between Symcare Personalized Health Solutions, Inc. and Koninklijke Philips Electronics N.V.
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`produced by Philips at Bates number PNA-FB0004196.
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of the License Agreement
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`between LifeScan, Inc. and Koninklijke Philips Electronics N.V. produced by Philips at Bates
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`number PNA-FB0003484.
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`6.
`
`Attached hereto as Exhibit 4 is a true and correct copy of the Patent License
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`Agreement between LifeScan Global Corporation and Koninklijke Philips N.V. produced by
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`Philips at Bates number PNA-FB0003471.
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`7.
`
`Attached hereto as Exhibit 5 is a true and correct excerpted copy of the Expert
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`Report of Joseph 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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`8.
`
`Attached hereto as Exhibit 6 is a true and correct excerpted copy of the Deposition
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`Transcript from the deposition of Dr. Michael P. Akemann taken on January 28, 2022.
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`9.
`
` Attached hereto as Exhibit 7 is a true and correct excerpted copy of the Rebuttal
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`Expert Report of Lauren R. Kindler served December 22, 2021.
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`10.
`
`Attached hereto as Exhibit 8 is a true and correct excerpted copy of the Deposition
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`Transcript from the deposition of Dr. Thomas Martin taken on February 1, 2022.
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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 February 9, 2022 in New York, NY.
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`
`
`
`
`
`/s/ Leslie M. Spencer
`Leslie M. Spencer (pro hac vice)
`
`
`2
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