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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`Civil Action No. 1:19-cv-11586-FDS
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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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`DECLARATION OF DAVID J. SHAW IN SUPPORT OF DEFENDANT FITBIT LLC’S
`OPPOSITION TO PHILIPS’ MOTION FOR PARTIAL SUMMARY JUDGMENT
`OF DIRECT INFRINGEMENT AND NO INVALIDITY (DKT. 335)
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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 Defendant Fitbit LLC
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`(“Fitbit”). I am admitted pro hac vice to this Court. I have personal knowledge of the facts set
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`forth herein 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 Defendant Fitbit LLC’s Opposition To Philips’
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`Motion For Partial Summary Judgment Of Direct Infringement And No Invalidity (Dkt. 335).
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`3.
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`Attached hereto as Exhibit 11 is a true and correct copy of the CONFIDENTIAL
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`Declaration of Gilles Boccon-Gibod in Support Of Defendant Fitbit LLC’s Opposition To Philips’
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`Motion For Partial Summary Judgment Of Direct Infringement And No Invalidity (Dkt. 335),
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`executed March 29, 2022.
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`4.
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`Attached hereto as Exhibit 2 is a true and correct copy of the CONFIDENTIAL
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`deposition transcript of Joseph Paradiso, Ph.D., dated February 2, 2022.
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`1 Exhibits 1-3 and 6 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 365 Filed 03/30/22 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 the CONFIDENTIAL
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`deposition transcript of Colleen Logan, dated September 2, 2020.
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`6.
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`Attached hereto as Exhibit 4 is a true and correct copy of relevant excerpts from
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`the certified file history of U.S. Patent No. 8,277,377, dated January 6, 2020 and produced bearing
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`Bates No. PNA-FB0001473.
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`7.
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`Attached hereto as Exhibit 5 is a true and correct copy of the cover pleading and an
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`exemplary claim chart from Philips’ First Supplemental Local Rule 16.6(d) Infringement
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`Contentions, served May 15, 2020.
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`8.
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`Attached hereto as Exhibit 6 is a true and correct copy of relevant excerpts from
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`Defendant Fitbit, Inc.’s Supplemental Responses And Objections To Plaintiff Philips North
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`America LLC’s Interrogatories (Nos. 1-11), served March 23, 2021.
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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 March 30, 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 365 Filed 03/30/22 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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`Dated: March 30, 2022
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`/s/ Alexandra K. Kim
`Alexandra K. Kim
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`3
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