`
`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`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
`
`
`DECLARATION OF JOHN W. CUSTER IN SUPPORT OF
`PHILIPS NORTH AMERICA LLC’S MOTION TO DISMISS CLAIMS
`PERTAINNIG TO U.S. PAT. NO. 7,088,233 AND TO ENTER FINAL
`JUDGMENT ON U.S. PAT. NOS. 8,277,377 AND 6,013,007
`
`
`I, John W. Custer, declare as follows:
`
`
`
`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 to Dismiss Claims
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`Pertaining to U.S . Pat. No. 7,088,233 and to Enter Final Judgment on U.S. Pat. No. 8,277,377
`
`and 6,013,007.
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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 1 is a true and correct copy of the Docketing Statement for
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`Appellee Fitbit LLC filed by Fitbit LLC on August 30, 2023 in Philips N.A., LLC v. Fitbit LLC,
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`CAFC-23-2286 (Fed. Cir.).
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`5.
`
`Attached as Exhibit 2 is a true and correct copy of the Final Written Decision
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`entered on October 4, 2021 by the United States Patent and Trademark Office in IPR202-00783.
`
`1
`
`
`
`Case 1:19-cv-11586-FDS Document 419 Filed 09/20/23 Page 2 of 3
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`6.
`
`Attached as Exhibit 3 is a true and correct copy of the Judgment entered by the
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`United States Court of Appeal for the Federal Circuit on April 6, 2023 in Case Nos. 2022-1223,
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`2022-1224, and 2022-1279.
`
`7.
`
`Attached as Exhibit 4 is a true and correct copy of the Mandate entered by the
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`United States Court of Appeal for the Federal Circuit on May 15, 2023 in Case Nos. 2022-1223,
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`2022-1224, and 2022-1279.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Date: September 20, 2023
`
`
`
`
`
`
`
`/s/ John W. Custer
`John W. Custer
`
`
`
`
`
`2
`
`
`
`Case 1:19-cv-11586-FDS Document 419 Filed 09/20/23 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`
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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.
`
`
`
`Date: September 20, 2023
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`
`
`
`
`
`
`
`
`By: /s/ John W. Custer
`
`
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`3
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`
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