`
`
`
`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 LESLIE M. SPENCER IN SUPPORT OF DEFENDANT FITBIT
`LLC’S OPPOSITION TO PHILIPS’ MOTION TO STRIKE PORTIONS OF FITBIT’S
`EXPERT REBUTTAL REPORTS
`
`I, Leslie M. Spencer, 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 Opposition to Philips’ Motion to Strike
`
`Portions of Fitbit’s Expert Rebuttal Reports (D.I. 300).
`
`3.
`
`Attached hereto as Exhibit 1 is a true and correct copy of Philips’ 30(b)(6)
`
`Deposition Notice of Fitbit, dated August 24, 2020.
`
`4.
`
`Attached hereto as Exhibit 2 is a true and correct copy of Fitbit’s Objections and
`
`Responses to Philips’ 30(b)(6) Deposition Notice of Fitbit, dated September 4, 2020.
`
`5.
`
`Attached hereto as Exhibit 3 is a true and correct copy (highlighted for clarity) of
`
`email correspondence between David Okano (counsel for Fitbit) and Ruben Rodrigues (counsel
`
`for Philips), dated January 12-13, 2021.
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 319 Filed 02/23/22 Page 2 of 3
`
`
`
`6.
`
`Attached hereto as Exhibit 4 is a true and correct excerpt of the deposition transcript
`
`of Ryan Krems, dated January 20, 2021.
`
`7.
`
`Attached hereto as Exhibit 5 is a true and correct excerpt of the deposition transcript
`
`of Gilles Boccon-Gibod, dated January 22, 2021.
`
`8.
`
`Attached hereto as Exhibit 6 is a true and correct copy of Philips’ First Set of
`
`Interrogatories to Fitbit, dated January 10, 2020.
`
`9.
`
`Attached hereto as Exhibit 7 is a true and correct copy of Philips’ Second Set of
`
`Interrogatories to Fitbit, dated September 2, 2020.
`
`10.
`
`Attached hereto as Exhibit 8 is a true and correct excerpt of the deposition transcript
`
`of Lauren Kindler, dated January 27, 2022.
`
`11.
`
`Attached hereto as Exhibit 9 is a true and correct excerpt of the deposition transcript
`
`of Joseph Paradiso, dated February 2, 2022.
`
`12.
`
`Attached hereto as Exhibit 10 is a true and correct excerpt (highlighted for clarity)
`
`of the deposition transcript of Thomas Martin, dated February 1, 2022.
`
`I declare under penalty of perjury that the foregoing statements are true and correct to the
`
`best of my knowledge.
`
`Executed February 23, 2022 in New York, NY.
`
`/s/ Leslie M. Spencer
`Leslie M. Spencer (pro hac vice)
`
`
`
`
`2
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-FDS Document 319 Filed 02/23/22 Page 3 of 3
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that this document is being filed through the Court’s electronic filing system,
`
`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 the electronic filing.
`
`
`
`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
`
`
`
`
`
`
`
`
`
`
`3
`
`
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
