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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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`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) Defendant Fitbit LLC’s Summary Judgment
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`Hearing Presentation Concerning U.S. Patent No. 8,277,377 (“Defendant’s Presentation”).
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`Plaintiff Philips North America LLC (“Philips”) does 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 Defendant’s Presentation contains information regarding the operation of the
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`accused Fitbit wearable devices, applications, and servers, and that has been designated
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`Confidential under the Protective Order. Specifically, slides 12-15, 23, 36, 45, and 48-49 contain
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`this Fitbit confidential information.
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`Additionally, the redacted portions include block quotes of excerpts from the confidential
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`Expert Report of Joseph A. Paradiso, Ph.D. Concerning Non-Infringement of U.S. Patent No.
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`Case 1:19-cv-11586-FDS Document 393 Filed 07/12/22 Page 2 of 5
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`8,277,377. Specifically, slides 37 and 47 contain descriptions and analyses of Fitbit products,
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`applications, and servers that have been designated as Confidential under the Protective Order.
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`Additionally, Defendant’s Presentation includes block quotes of excerpts from the
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`confidential Amended Expert Report of Tom Martin Concerning Infringement. Specifically, slide
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`46 contains discussions regarding the same Fitbit confidential information and accordingly, has
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`been designated Confidential.
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`Additionally, Fitbit has filed a redacted version of Defendant’s Presentation with
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`redactions of twelve slides (out of eighty-one total) that discuss Fitbit confidential business
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`information.
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`For the foregoing reasons, Fitbit respectfully requests that the Court permit Fitbit to file
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`under seal an unredacted version of Defendant’s Presentation. Fitbit further requests that the
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`documents remain impounded until further Order by the Court, and that upon expiration of the
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`impoundment, the documents be returned to Fitbit’s counsel.
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`2
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`Case 1:19-cv-11586-FDS Document 393 Filed 07/12/22 Page 3 of 5
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`Dated: July 12, 2022
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`By:
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`3
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`/s/ Alexandra K. Kim
`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
`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
`Alexandra K. Kim (BBO #707361)
`akim@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 393 Filed 07/12/22 Page 4 of 5
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`CERTIFICATE PURSUANT TO LOCAL RULE 7.2
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`/s/ Henry Ard
`Henry Ard
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`The undersigned hereby certifies that counsel for Fitbit conferred with counsel for Philips
`in a good-faith attempt to resolve or narrow the issue raised by this motion. Philips’s counsel
`indicated that Philips does not oppose the relief requested by this Motion
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`4
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`Case 1:19-cv-11586-FDS Document 393 Filed 07/12/22 Page 5 of 5
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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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