Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 1 of 7
`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 1 of 7
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`EXHIBIT 4
`EXHIBIT 4
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 1 of 7
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`EXHIBIT 4
`EXHIBIT 4
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`Philips North America LLC vs
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`FitBit
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`FITBIT, INC.
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`In the Matter Of:
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 2 of 7
`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 2 of 7
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`January 20, 2021
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 3 of 7
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`71
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`· · · ·R. KREMS - CONFIDENTIAL
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`· · · · · Do you see that topic?
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`· · A.· · Are there page numbers on this
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`document?· I see it in your screen, but I
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`was just -- it does not appear that this
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`was generated with page numbers.· So I am
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`on page 7 of the PDF.
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`· · · · · Okay, I'm here, yes.
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`· · Q.· · But unfortunately, it does not
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`appear to have page numbers.· So I did want
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`you to read along with me as I read that.
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`· · A.· · Yeah, maybe we can go through it
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`again.· I'm looking also on the document
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`here next to the screen.
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`· · Q.· · Sure.· So I wanted to focus in on
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`Topic No. 5.· I'm going to scroll up so you
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`can see the heading here is "Deposition
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`Topics."
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`· · · · · Do you see that?
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`· · A.· · I do.
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`· · Q.· · So going down to Topic No. 5, it
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`reads, "The facts and circumstances
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`surrounding any investigations, analyses,
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`or efforts relating to any attempts to,
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`plans to, and/or analyses of ways to design
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 4 of 7
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`72
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`· · · ·R. KREMS - CONFIDENTIAL
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`around any claim of any of the asserted
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`patents, and the results of such
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`investigations, analyses, or efforts,
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`including whether and why any design-around
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`alternative was incorporated into any
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`accused product."
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`· · · · · Do you see that topic?
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`· · A.· · I do.
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`· · Q.· · Okay.
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`· · · · · Do you understand that you've
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`been designated as a witness on this topic?
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`· · · · · MR. BECKWITH:· So I'm going to
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`· · interpose an objection.· Fitbit has
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`· · objected to your Topic 5 as drafted.
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`· · Mr. Krems is being produced to testify
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`· · only as to, on that topic as to
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`· · non-infringing alternatives only, and
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`· · he's also being identified subject to
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`· · all of the objections that Fitbit
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`· · raised concerning how you drafted
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`· · Topic 5.
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`BY MR. RODRIGUES:
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`· · Q.· · With the objections of counsel,
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`do you understand that you're designated,
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 5 of 7
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`73
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`· · · ·R. KREMS - CONFIDENTIAL
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`at least in part, for Topic No. 5?
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`· · · · · MR. BECKWITH:· As to
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`· · non-infringing alternatives.
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`BY MR. RODRIGUES:
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`· · Q.· · As to non-infringing
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`alternatives.
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`· · · · · MR. BECKWITH:· Yeah, the witness
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`· · can answer.
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`· · A.· · I do.
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`· · Q.· · Okay.
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`· · · · · What can you tell me about
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`non-infringing alternatives to the asserted
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`patents, to the extent you've been prepared
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`on that topic?
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`· · · · · MR. BECKWITH:· Object to the form
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`· · of the question as calling for a
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`· · narrative.· It's compound.
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`· · A.· · Maybe you can narrow the patent
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`that you would like to get a response on
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`specifically.
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`· · Q.· · Sure.· Let me go back, actually,
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`and ask you:· With respect to
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`non-infringing alternatives, which is what
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`your counsel has represented you've been
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 6 of 7
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`74
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`· · · ·R. KREMS - CONFIDENTIAL
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`prepared for with respect to this topic,
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`what did you do to prepare to provide
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`testimony with respect to non-infringing
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`alternatives as covered by Topic 5?
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`· · A.· · So for this, I mean, of course
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`review of this document with legal counsel,
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`in general.· And then discussions of the,
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`you know, reviewing the alternatives or the
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`non-infringing options and discussions --
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`I'm sorry -- discussions against each of
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`the patents.
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`· · Q.· · So is it fair to say that the
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`information you have with respect to
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`non-infringing alternatives would be
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`gleaned from your counsel?
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`· · · · · MR. BECKWITH:· Object to the form
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`· · of the question.· I'll instruct the
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`· · witness not to answer concerning any
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`· · communications you've had with
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`· · counsel.· You can answer vis-a-vis
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`· · your knowledge of how the products
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`· · work.
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`· · A.· · So while reviewing each of these
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`patents and the use cases therein, the
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`Case 1:19-cv-11586-FDS Document 319-4 Filed 02/23/22 Page 7 of 7
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`75
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`· · · ·R. KREMS - CONFIDENTIAL
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`reviews are my interpretations of how we
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`would change the development model or use
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`case against those or, you know, reviewed
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`and discussed.
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`· · Q.· · Besides discussing with counsel,
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`did you do anything else to prepare to give
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`testimony with respect to non-infringing
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`alternatives?
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`· · A.· · No.
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`· · Q.· · I'd like to move on to Topic 10.
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`· · · · · Do you see Topic 10 on your
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`screen?
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`· · A.· · Yes.
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`· · Q.· · And Topic 10 reads, "The facts
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`and circumstances surrounding any claim for
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`indemnification or potential
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`indemnification Fitbit has made or will
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`make relating to this action, including the
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`entity from which indemnification was, is,
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`or will be sought or to which
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`indemnification was, is, or will be given."
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`· · · · · Do you see that?
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`· · A.· · I do.
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`· · Q.· · Do you understand that you're
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