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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 DEFENDANT FITBIT LLC’S
`REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OF
`INVALIDITY OF U.S. PATENT NO. 8,277,377 UNDER 35 U.S.C. § 101
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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 Reply in Support of
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`Its Motion for Summary Judgment of Invalidity of U.S. Patent No. 8,277,377 Under 35 U.S.C. §
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`101.
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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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`deposition transcript of Roger Quy, Ph.D. taken in Philips North America, LLC v. Garmin
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`International, Inc. et al, Case No. 2:19-cv-06301-AB-KS (C.D. Cal.), dated September 2, 2020.
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`1 Exhibit 1 is Confidential under the protective order and is 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 375 Filed 04/13/22 Page 2 of 3
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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 April 13, 2022 in Washington, DC.
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`/s/ David J. Shaw
`David J. Shaw (pro hac vice)
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`Case 1:19-cv-11586-FDS Document 375 Filed 04/13/22 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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`/s/ Alexandra K. Kim
`Alexandra K. Kim
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`Dated: April 13, 2022
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`3
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