`Case 1:19-cv-11586-FDS Document 319-5 Filed 02/23/22 Page 1 of 4
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`EXHIBIT 5
`EXHIBIT 5
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`FITBIT
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`GILLES BOCCON-GIBOD
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`In the Matter Of:
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`PHILIPS NORTH AMERICA vs
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`Case 1:19-cv-11586-FDS Document 319-5 Filed 02/23/22 Page 2 of 4
`Case 1:19-cv-11586-FDS Document 319-5 Filed 02/23/22 Page 2 of 4
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`January 22, 2021
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`Case 1:19-cv-11586-FDS Document 319-5 Filed 02/23/22 Page 3 of 4
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`30
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`· · G. Boccon-Gibod - Confidential
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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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`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 and any
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`design-around alternative was incorporated
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`into any accused product."
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`· · · · · Do you see that topic,
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`Mr. Boccon-Gibod?
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`· · A.· · Yes, I do.
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`· · Q.· · Do you understand that you're
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`being designated for Topic No. 5, but
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`limited to non-infringing alternatives and
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`subject to Fitbit's objections?
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`· · A.· · Yes.
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`· · Q.· · Besides meeting with legal
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`counsel, did you do anything else to
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`prepare for Topic No. 5?
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`· · A.· · Same as for the other topics, I
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`refreshed my memory about how our products
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`work and how we design them.
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`· · Q.· · Would it be fair to characterize
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`your knowledge as relevant to Topic No. 5
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`Case 1:19-cv-11586-FDS Document 319-5 Filed 02/23/22 Page 4 of 4
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`31
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`· · G. Boccon-Gibod - Confidential
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`as also about how the products work?
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`· · A.· · Yes.
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`· · Q.· · Okay.
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`· · · · · Are you aware of any attempts at
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`Fitbit to design around the patents
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`asserted against Fitbit in this lawsuit?
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`· · · · · MR. BECKWITH:· I'll object to the
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`· · form of the question.
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`· · · · · You can answer if you know.
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`· · A.· · I am not aware of any such thing.
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`· · Q.· · Okay.
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`· · · · · I am going to scroll down to
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`Topic No. 23.
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`· · · · · Now, Mr. Boccon-Gibod, Topic 23
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`has a number of subparts, some of which
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`you're designated for -- or at least that
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`your counsel has represented that you've
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`been designated for -- and some of which
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`you haven't been.· So I'm going to read
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`through the introduction for Topic 23 and
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`then we'll go through the subparts.
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`· · · · · Do you understand that?
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`· · A.· · I do.
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`· · Q.· · Okay.
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