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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`Plaintiff,
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`v.
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`FITBIT LLC,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`DECLARATION OF DAVID J. SHAW IN SUPPORT OF FITBIT LLC’S
`MEMORANDUM IN OPPOSITION TO PHILIPS’ MOTION TO PRECLUDE THE
`TESTIMONY OF DR. JOSEPH A. PARADISO REGARDING THE IFIT PRIOR ART
`SYSTEM (DKT. 305)
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`I, David J. Shaw, 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
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`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.
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`2.
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`I make this declaration in support of Fitbit LLC’s Memorandum In Opposition To
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`Philips’ Motion To Preclude The Testimony Of Dr. Joseph A. Paradiso Regarding The iFit Prior
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`Art System (Dkt. 305).
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`3.
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`Attached hereto as Exhibit 11 is a true and correct excerpted copy of the deposition
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`transcript of Colleen Logan, dated September 2, 2020.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of Exhibit 1 from the
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`deposition of Colleen Logan, Fitbit’s subpoena to Icon Health and Fitness, dated August 7, 2020.
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`1 Exhibits 1 and 3 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 324 Filed 02/23/22 Page 2 of 3
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`5.
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`Attached hereto as Exhibit 3 is a true and correct copy of Exhibit 16 from the
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`deposition of Colleen Logan, which was produced by Icon Health and Fitness bearing Bates Nos.
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`ICON000316-317.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of U.S. Patent No. 8,277,377.
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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 23, 2022 in Washington, DC.
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
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`2
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`Case 1:19-cv-11586-FDS Document 324 Filed 02/23/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I certify that this document is being filed through the Court’s electronic filing system,
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`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.
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`
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`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
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`3
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