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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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`ORAL ARGUMENT REQUESTED
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`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF
`PHILIPS NORTH AMERICA LLC’S MOTION FOR RECONSIDERATION
`OF THE MEMORANDUM AND ORDER ON CROSS-MOTIONS
`FOR SUMMARY JUDGMENT (Dkt. 401)
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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 Motion For Reconsideration of the
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`Memorandum and Order on Cross-Motions For Summary Judgment.
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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 U.S. Patent No. 7,447,713,
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`dated November 4, 2008.
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`5.
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`Attached as Exhibit B is a true and correct copy of U.S. Patent No. 9,432,452,
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`dated August 30, 2016.
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`1
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`Case 1:19-cv-11586-FDS Document 405 Filed 10/21/22 Page 2 of 3
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Date: October 21, 2022
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`/s/ John W. Custer
`John W. Custer
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`2
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`Case 1:19-cv-11586-FDS Document 405 Filed 10/21/22 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 with
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`the Court through the ECF system and that a copy will be electronically served on registered
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`participants as identified on the Notice of Electronic Filing.
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`Date: October 21, 2022
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`By: /s/ John W. Custer
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`3
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