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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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`UNOPPOSED MOTION TO IMPOUND/SEAL DESIGNATED MATERIAL
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`Pursuant to Local Rule 7.2 and the Order Adopting Discovery Stipulation and Modified
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`Protective Order in this case (“Protective Order”), ECF No. 59, Defendant Fitbit LLC (“Fitbit”),
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`respectfully requests the Court to impound (seal) an un-redacted copy of Defendant Fitbit LLC’s
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`Memorandum In Opposition To Philips’ Motion To Preclude The Testimony Of Dr. Joseph A.
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`Paradiso Regarding The iFit Prior Art System (Dkt. 305) (“Memorandum”) along with Exhibits 1
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`and 3 filed in support of the Memorandum. Plaintiff Philips North America LLC (“Philips) does
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`not oppose this Motion to Impound/Seal.
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`The Protective Order allows parties to designate discovery material that contains or
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`constitutes confidential business information as “CONFIDENTIAL.” As grounds for this Motion,
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`Fitbit states that Exhibits 1 and 3 contain third party confidential business information. In response
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`to a subpoena, Icon Health & Fitness (“Icon”), a third party to this matter, produced documents
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`related to the design and operation of several of their fitness products and services and marked
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`these documents as confidential under the Protective Order. Icon likewise designated the transcript
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`of the deposition of one of their employees, Ms. Colleen Logan, as confidential under the
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`Case 1:19-cv-11586-FDS Document 325 Filed 02/23/22 Page 2 of 4
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`Protective Order. Exhibit 1 is an excerpted version of the transcript of this deposition. Exhibit 3
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`is a copy of Exhibit 16 from Ms. Logan’s deposition, which was produced by Icon in response to
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`Exhibit 2, Fitbit’s subpoena and concerns the design and operation of their proprietary iFit.com
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`system.
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`Additionally, Fitbit has filed a redacted version of its Memorandum with redactions
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`because the Memorandum contains discussions about Icon Health and Fitness’s confidential
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`business information such as, for example, discussions about the contents of Exhibits 1 and 3.
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`For the foregoing reasons, Fitbit respectfully requests that the Court permit Fitbit to file a
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`public redacted version of the Memorandum. Further, Fitbit respectfully requests that the Court
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`permit Fitbit to file an un-redacted copy of the foregoing Memorandum along with Exhibits 1 and
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`3 filed in support of its Memorandum under seal. Fitbit further requests that the documents remain
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`impounded until further Order by the Court, and that upon expiration of the impoundment, the
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`documents be returned to Fitbit’s counsel.
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`2
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`Case 1:19-cv-11586-FDS Document 325 Filed 02/23/22 Page 3 of 4
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`Dated: February 23, 2022
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`By:
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`3
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`/s/David J. Shaw
`David J. Shaw (pro hac vice)
`dshaw@desmaraisllp.com
`DESMARAIS LLP
`1701 Pennsylvania Ave., NW, Suite 200
`Washington, D.C. 20006
`Telephone: (202) 451-4900
`Facsimile: (202) 451-4901
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`Leslie M. Spencer (pro hac vice)
`lspencer@desmaraisllp.com
`Karim Z. Oussayef (pro hac vice)
`koussayef@desmaraisllp.com
`Brian D. Matty (pro hac vice)
`bmatty@desmaraisllp.com
`Henry Ard (pro hac vice)
`hard@desmaraisllp.com
`Eric G. Speckhard
`especkhard@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
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`Ameet A. Modi (pro hac vice)
`amodi@desmaraisllp.com
`DESMARAIS LLP
`101 California Street
`San Francisco, CA 94111
`Telephone: (415) 573-1900
`Facsimile: (415) 573-1901
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`Gregory F. Corbett (BBO #646394)
`gcorbett@wolfgreenfield.com
`Elizabeth A. DiMarco (BBO #681921)
`edimarco@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02110
`Telephone: (617) 646-8000
`Facsimile: (617) 646-8646
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`Attorneys for Defendant Fitbit LLC
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`Case 1:19-cv-11586-FDS Document 325 Filed 02/23/22 Page 4 of 4
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`CERTIFICATE PURSUANT TO LOCAL RULE 7.1(A)(2)
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`The undersigned hereby certifies that counsel for Fitbit conferred with counsel for Philips
`and attempted in good faith to resolve or narrow the issues in dispute on February 8, 2022, but was
`unable to do so.
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`/s/ David J. Shaw
`David J. Shaw
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`CERTIFICATE PURSUANT TO LOCAL RULE 37.1
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`The undersigned hereby certifies that counsel for Fitbit has complied with the provisions
`of Local Rule 37.1.
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`/s/ David J. Shaw
`David J. Shaw
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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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`/s/ Elizabeth A. DiMarco
`Elizabeth A. DiMarco
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`4
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