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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`PHILIPS NORTH AMERICA LLC,
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`v.
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`FITBIT, INC.,
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`Plaintiff,
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`Defendant.
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`Civil Action No. 1:19-cv-11586-FDS
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`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF
`PLAINTIFF’S OPPOSITIONS TO DEFENDANT’S MOTIONS FOR
`SUMMARY JUDGMENT
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`I, John W. Custer, declare as follows:
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`1.
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`I am an attorney at Foley & Lardner LLP, counsel to Plaintiff Philips North
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`America, LLC (“Philips”).
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`2.
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`I make this declaration in support of Philips’s Oppositions to Defendant’s
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`Motions For Summary Judgment Pursuant to Fed. R. Civ. P. 37(c)(1) and Local Rule 16.6(d).
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`3.
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`I have personal knowledge of the facts set forth herein and, if called to testify in
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`this matter, could and would testify to the following facts.
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`4.
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`Attached as Exhibit A is a true and correct copy of the deposition of Roger Quy,
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`Ph.D. bearing Bates Nos. GARMIN00005164-244, dated September 2, 2020.
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`5.
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`Attached as Exhibit B is a true and correct copy of a printout of the “How do I
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`use GPS on my Fitbit device?” help page bearing Bates Nos. PNA-FB0016645-50, dated
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`October 29, 2021.
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`Case 1:19-cv-11586-FDS Document 366 Filed 03/30/22 Page 2 of 3
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`6.
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`Attached as Exhibit C is a true and correct copy of a document entitled “Dash”
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`bearing Bates Nos. Fitbit_19-11586_00005660-67.
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`7.
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`Attached as Exhibit D is a true and correct copy of a printout of the “How do I
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`respond to messages with my Fitbit device?” help page bearing Bates Nos. PNA-FB0016636-38,
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`dated November 5, 2021.
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`8.
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`Attached as Exhibit E is a true and correct copy of Plaintiff Philips North
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`America LLC’s First Set of Interrogatories To Fitbit, Inc. (Nos. 1-8), dated January 10, 2020.
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`9.
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`Attached as Exhibit F is a true and correct copy of Defendant Fitbit, Inc.’s
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`Supplemental Responses and Objections To Plaintiff Philips North America LLC’s
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`Interrogatories (Nos. 1-11), dated March 23, 2021.
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`10.
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`Attached as Exhibit G is a true and correct copy of the deposition of Gilles
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`Boccon-Gibod, dated January 22, 2021.
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`11.
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`Attached as Exhibit H is a true and correct copy of Fitbit CSAT Survey Interim
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`Wave bearing Bates Nos. Fitbit_19-11586_00053545-80, dated December 2016.
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`12.
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`Attached as Exhibit I is a true and correct copy of Philips North America LLC’s
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`Notice of Deposition To Defendant Fitbit, Inc., dated August 24, 2020.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: March 30, 2022
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`/s/ John W. Custer
`John W. Custer
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`Case 1:19-cv-11586-FDS Document 366 Filed 03/30/22 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing document was filed
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`with the Court through the ECF system and that a copy will be electronically served on
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`registered participants as identified on the Notice of Electronic Filing.
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`By: /s/ John W. Custer
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