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`Apple, Inc. v. Masimo Corp.
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`Vijay K. Madisetti, Ph.D.
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
` --------------------
` APPLE, INC.
` Petitioner,
` v.
` MASIMO CORPORATION,
` Patent Owner.
` --------------------
` IPR2020-01523
` U.S. Patent 8,457,703
` ---------------------
` Deposition of VIJAY K. MADISETTI, Ph.D.
` Conducted Virtually
` Wednesday, September 15, 2021
` 11:04 a.m.
`
`Pages: 1-83
`Reported by: Matthew Goldstein, RPR, RMR
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2021
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`202-232-0646
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`APPLE 1039
`Apple v. Masimo
`IPR2020-01523
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`Vijay K. Madisetti, Ph.D.
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` Deposition of VIJAY K. MADISETTI, Ph.D.,
`conducted virtually:
` Pursuant to Notice, before Matthew Goldstein,
`RPR, RMR, Notary Public in and for the State of
`Maryland.
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` A P P E A R A N C E S
`
`ON BEHALF OF THE PETITIONER, APPLE, INC.:
`DANIEL D. SMITH, ESQUIRE
`KIM LEUNG, ESQUIRE
`FISH & RICHARDSON, P.C.
`1717 Main Street
`Suite 5000
`Dallas, Texas 75201
`214.292.4071
`
`ON BEHALF OF THE PATENT OWNER, MASIMO
`CORPORATION:
`JOSHUA STOWELL, ESQUIRE
`JACOB PETERSON, ESQUIRE
`KNOBBE MARTENS
`2040 Main Street
`Irvine, California 92614
`949.760.0404
`
`ALSO PRESENT:
`HENRY MARTE - VIDEOGRAPHER/EXHIBIT
` TECHNICIAN
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`Vijay K. Madisetti, Ph.D.
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` C O N T E N T S
`EXAMINATION OF VIJAY K. MADISETTI, PH.D. PAGE
`By MR. SMITH 6
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`Page 4
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` E X H I B I T S
` (Attached)
` DEPOSITION EXHIBIT PAGE
` Exhibit 1001 Previously Marked, U.S. Patent 12
` No. 8,457,703 B2
` Exhibit 1006 Previously Marked, U.S. Patent 11
` No. 6,527,729 B1
` Exhibit 1007 Previously Marked, U.S. Patent 11
` No. 5,632,272
` Exhibit 2001 Previously Marked, Declaration 10
` of Vijay K. Madisetti, Ph.D. in
` IPR2020-01523
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` THE VIDEOGRAPHER: Okay. We are now on
`the record. My name is Henry Marte. I'm a
`videographer with Digital Evidence Group.
` Today's date is September 15th, 2021;
`and the time is 11:04 a.m.
` This deposition is being held in the
`matter of Apple versus Masimo. The deponent today
`is Dr. Vijay K. Madisetti.
` All parties to this deposition are
`appearing remotely and have agreed to the witness
`being sworn in remotely.
` All appearances are also noted on the
`stenographic record.
` Will the court reporter please
`administer the oath to the witness.
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` P R O C E E D I N G S
`Whereupon,
` VIJAY K. MADISETTI, PH.D.,
`being first duly sworn or affirmed to testify to
`the truth, the whole truth, and nothing but the
`truth, was examined and testified as follows:
` MR. SMITH: Do we want to enter
`appearances for both sides?
` MR. STOWELL: I think that probably
`makes sense.
` MR. SMITH: Yep. All right. Well, this
`is Dan Smith for petitioner, Apple. And on the
`line is Kim Leung, also for petitioner, Apple.
` MR. STOWELL: This is Joshua Stowell of
`Knobbe Martens for Masimo Corporation. Also on
`the line is Jacob Peterson from Knobbe.
` EXAMINATION BY COUNSEL FOR THE PETITIONER
`BY MR. SMITH:
` Q. All right. Let's get started.
` How are you doing this morning,
`Dr. Madisetti?
` A. I'm doing well. Good morning to you.
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` Q. Good morning to you.
` Could you please state your full name
`for the record?
` A. It's Vijay K. Madisetti.
` Q. And you're aware that you're being
`deposed in the inter partes review proceeding
`numbered IPR 2020-01523 today; correct?
` A. Yes, sir.
` Q. And you've been deposed before; correct?
` A. Yes.
` Q. Approximately how many times have you
`been deposed?
` A. I don't remember, sir.
` Q. Okay. So during this deposition, you
`understand that I'm going to be asking you
`questions and you're going to be answering them
`under oath; correct?
` A. Yes.
` Q. And you understand that willful false
`statements made during this deposition are
`punishable by fine or imprisonment or both;
`correct?
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` A. I do.
` Q. The court reporter will be attempting to
`transcribe everything we say. So it's important
`that we wait for each other to finish asking or
`answering a question before the other begins
`talking.
` Do you understand this?
` A. I do.
` Q. And you understand that every answer
`needs to be verbal today; correct?
` A. Yes.
` Q. Is there any reason, such as being under
`unusual stress, physical or mental condition, or
`being under the influence of any substances, that
`would prevent you or limit you today from giving
`truthful answers to my questions?
` A. There is none.
` Q. Okay. During today's deposition, we'll
`be discussing various exhibits from the case
`record. When we begin discussing a particular
`exhibit, I will have the exhibit placed in the
`shared directory for you to download. If you'd
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`like to refer to any exhibit that I have not yet
`provided, please ask, and we'll provide it in the
`same manner.
` Does that work?
` A. Yes, it does.
` Q. And please refer only to the exhibits
`provided and not to any personal copies. Okay?
` A. Sounds good.
` Q. And you're using a computer to access
`the video deposition today; is that correct?
` A. Yes.
` Q. Do you have any messaging programs
`running that would enable you to communicate with
`others during the course of this deposition, such
`as an e-mail or an instant messaging client?
` A. None.
` Q. Okay. And what did you do to prepare
`for this deposition?
` A. I reviewed my declaration and a couple
`of -- and some of the exhibits.
` Q. Do you recall which exhibits you
`reviewed?
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` A. I reviewed the patent and some of the
`excerpts that the declaration referenced that were
`raised by Apple.
` Q. And about how long did you spend
`preparing?
` A. A few hours.
` Q. And other than counsel, did you speak to
`anyone else to prepare for this deposition?
` A. No.
` Q. Okay. So as we've done in the past
`depositions, I'm going to go ahead and just
`provide you with the exhibits that we're going
`to -- that I anticipate referencing and see if we
`can go ahead and agree to a short name to refer to
`them by just to make things easier.
` Does that sound good?
` A. That sounds good.
` Q. Okay.
` MR. SMITH: If we could, could we put
`Exhibit 2001 on the exhibit share, please.
` (Deposition Exhibit 2001, Previously
`Marked.)
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`BY MR. SMITH:
` Q. And, Dr. Madisetti, if you'll go -- if
`you'll go to that exhibit share and download that
`exhibit.
` THE VIDEOGRAPHER: Yeah, and just click
`refresh on your page. Also, do you want me to
`share the screen or would you just rather him
`follow on his own computer? That's up to you --
` MR. SMITH: No, you can share the
`screen. You can share the screen. It's fine.
` THE WITNESS: Yeah, I can see just one.
`Do you want to put everything or --
` MR. SMITH: Yeah. Actually, Henry, can
`you go ahead and put Exhibit 1006 and 1007 on the
`share, as well.
` (Deposition Exhibit 1006, Previously
`Marked.)
` (Deposition Exhibit 1007, Previously
`Marked.)
` THE VIDEOGRAPHER: Okay. Those are
`uploading. So just give it, like, about
`five seconds and then click refresh and they'll be
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`there.
` MR. SMITH: And actually, go ahead and
`put Exhibit 1001, also.
` (Deposition Exhibit 1001, Previously
`Marked.)
` THE VIDEOGRAPHER: Okay. 1001. Got it.
` Okay. Those are up.
`BY MR. SMITH:
` Q. Okay. And, Dr. Madisetti, would you
`please go download those exhibits?
` A. Yeah, I'm doing that.
` Q. Okay.
` A. So I can see four of them. I'm
`downloading. Okay. So I have all of them.
` Q. Okay. Could you open up Exhibit 2001,
`please.
` A. Yes, I've opened Exhibit 2001.
` Q. Okay. And do you recognize this
`document?
` A. Yes, it's the declaration of Vijay
`Madisetti.
` Q. Okay. And for the purposes of this
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`deposition, can we refer to that as your
`declaration?
` A. Yes, it's my declaration of July 20th,
`2021.
` Q. Okay. Could you open Exhibit 1001,
`please.
` A. Yes, I've opened that.
` Q. And do you recognize this document?
` A. Yes. It's the U.S. Patent 8,457,703.
` Q. And for the purposes of this deposition,
`can we refer to that as the '703 patent?
` A. Yes.
` Q. And could you open Exhibit 1006, please.
` A. Okay. I've opened that.
` Q. And do you recognize this document?
` A. Yes. It's the U.S. Patent 6,527,729.
` Q. And is that a patent to Turcott?
` A. Yes.
` Q. And for the purposes of this deposition,
`can we refer to that as Turcott?
` A. Yes, we can.
` Q. Okay. And could you open Exhibit 1007,
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`please.
` A. Yes. I've opened that.
` Q. Okay. And do you recognize this
`document?
` A. Yes. It is U.S. Patent 5,632,272.
` Q. And is that a patent to Diab?
` A. Yes.
` Q. And for the purposes of this deposition,
`can we refer to that as Diab?
` A. Yes, we can.
` Q. Okay. All right. And let's just --
`let's start in Diab. Could you -- could you bring
`up Figure 20 of Diab? I believe that is on
`page 28 of the PDF.
` A. Yes, I have -- I'm on Figure 20 of Diab,
`which is Exhibit 1007.
` Q. Okay. And what does Diab depict in
`Figure 20?
` MR. STOWELL: Objection; vague.
` THE WITNESS: It's a block diagram of
`certain operations carried out.
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`BY MR. SMITH:
` Q. And what are those operations -- what --
`strike that.
` What kind of data are those operations
`performed on?
` MR. STOWELL: Objection; vague.
` THE WITNESS: I would have to refer to
`the disclosure itself of Figure 20 and the figure
`that it depends on and the text to answer that
`question. So I would defer to the specification
`and the figures themselves to show that these
`blocks have certain labels, certain inputs,
`certain dependencies, and that they are further
`explained in previous figures and the text of the
`specification of Diab.
`BY MR. SMITH:
` Q. Do you see the arrows on the left side
`of the figure labeled "Infrared Snapshot" and "Red
`Snapshot"?
` A. Yes. I see the labels on the left of
`Figure 20.
` Q. And what does the figure -- what is the
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`figure referring to when it states -- strike that.
`I apologize. It's early.
` On the left side of the figure, when it
`refers to "Infrared Snapshot" and "Red Snapshot,"
`what is the figure referring to?
` MR. STOWELL: Objection; compound.
` THE WITNESS: It's referring to infrared
`snapshot 570 samples at 62.5 hertz, for example,
`in this embodiment of Figure 20. And it's
`referring to a red snapshot, which is 570 samples
`at 62.5 hertz. And it refers to other inputs and
`labels on the left. But as I said, I would have
`to refer to the -- I will defer to the
`specification as to the precise description of the
`operations and the inputs.
`BY MR. SMITH:
` Q. Would the infrared snapshot and the red
`snapshot be representations of light, specifically
`infrared and red light, collected by a
`photodetector?
` A. Again, I would defer to the language of
`the figure itself. It's a snapshot of the
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`infrared detector. And it's a snapshot of the red
`detector in this Figure 20. But, again, the
`precise language is in the specification.
` Q. And do the infrared detector and the red
`detector detect light?
` MR. STOWELL: Objection; foundation.
` THE WITNESS: Are you referring to a
`particular architectural figure?
`BY MR. SMITH:
` Q. I'm referring to Figure 20.
` A. So if we look at Figure 20, it depends
`on other figures in the specification. And one
`exemplary figure would be Figure 11, where it
`describes a flow in a block diagram that describes
`how -- it describes the operations. So there's a
`detector 320 in the Figure 11.
` THE VIDEOGRAPHER: Kim, so you're off
`mute. I'm not sure if you're doing that on
`purpose. I can mute you if --
` MS. LEUNG: Oh, yeah, sorry. I just
`muted myself again. I'll mute.
` THE VIDEOGRAPHER: Okay. Sure. No
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`worries, just letting you know.
`BY MR. SMITH:
` Q. So your understanding of Figure 20 is
`that the infrared snapshot and the red snapshot
`represent light detected by the detector 320 in
`Figure 11; is that correct?
` A. As I said, the specification describes
`these figures and how they operate, and I refer to
`one figure, Figure 11, that describes the flow.
`There are other figures that describe the setup,
`as well. So are you referring to a portion of my
`declaration? It's unclear as to your specific
`question.
` Figure 16 describes another diagram, a
`block diagram, that shows the red snapshot on the
`right and the infrared snapshot on the right that
`are in Figure 16 being processed by the blocks
`shown in the middle of Figure 16.
` Q. On Figure 16, do you see that there are
`two output buffers, 458 and 460?
` A. Yes. I see the blocks labeled "Output
`Buffer," which are labeled 458 and 460 in
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`Figure 16 of Diab.
` Q. And in each of those blocks, the text
`"570 Samples" appears; is that correct?
` A. Yes, it is a label saying "570 Samples"
`in each of the boxes 458 and 460 in Figure 16 of
`Diab.
` Q. And in the text to the right of each of
`the red and infrared channels in Figure 16, you
`see the text that says "Red Snapshot" and
`"Infrared Snapshot"?
` A. Yes, I do, with respect to Figure 16.
` Q. And you see that there's -- in
`parentheses under each of those labels, there's
`the text "62.5 Hz"?
` A. Yes.
` Q. And that would be 62.5 hertz; correct?
` A. Yes.
` Q. Going back to Figure 20?
` A. Yes.
` Q. On the left side of the figure, you see
`underneath the infrared snapshot and red snapshot
`text in the parentheticals, it says "570 Samples,
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`62.5 hertz"?
` A. Yes.
` Q. And those are the same numbers of
`samples and numbers of hertz from Figure 16 that
`we just discussed; correct?
` A. Yes, they are the same numbers --
` Q. Okay.
` A. -- as Figure 16.
` Q. What is Diab referring to in Figure 16
`and Figure 20, when it says "570 Samples"?
` A. I'm not sure as to your question. It
`says 570 samples. So it's -- the number of
`samples is 570.
` Q. And, similarly, what does it mean when
`it says 62.5 hertz in Figure 16 and Figure 20?
` A. It refers to the frequency of
`62.5 hertz. Again, I would have to defer to the
`specification to provide a precise description of
`Figure 16.
` Q. Does the text in Figure 16 and Figure 20
`stating 570 samples and 62.5 hertz refer to a data
`rate?
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` MR. STOWELL: Objection; foundation.
` THE WITNESS: Which figure are you
`referring to, sir?
`BY MR. SMITH:
` Q. Figure 16 and 20.
` A. Figure 16 and 20 are, again, described
`in the text. So I don't see the term "data rate."
` Q. And you're free to refer to the text, if
`you'd like.
` A. Yes, but can you point me to a portion
`of the text, if your question is related to the
`text? The figures don't use the term "data rate."
` Q. Did you review Diab when composing your
`declaration?
` A. Yes.
` Q. Did you have an understanding of the
`text on the left side of Figure 20 that says
`"Infrared Snapshot" and "Red Snapshot" and the
`parenthetical text below it?
` A. Again, as I said, my understanding is
`based on the disclosure of Diab; and it's limited
`to the disclosure of Diab.
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` Q. Let's go to your declaration. That
`would be Exhibit 2001.
` A. I'm going to my declaration,
`Exhibit 2001. And I've opened it.
` Q. Go to page 31.
` A. Page 31. You are talking the PDF or the
`page in the declaration itself?
` Q. Oh, I'm sorry, the page in the
`declaration itself.
` A. Okay. That's PDF page 35?
` Q. Yes. That's correct.
` A. Okay. I'm on page 31, PDF 35, of my
`declaration.
` Q. And do you see Figure 20 -- strike that.
` Do you see a version of Figure 20 from
`Diab at the top of page 31 of your declaration?
` A. Yes, it's Figure 20 with some
`annotation.
` Q. Okay. And you see the text on the left
`side that says "Infrared Snapshot" and "Red
`Snapshot"; correct?
` A. Yes.
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` Q. In paragraph 58 on that same page of
`your declaration, you refer to "infrared and red
`packets."
` Do you see that?
` A. Yes, I was referring to Figure 21 that
`describes the specific block diagram of the
`operations of the motion artifact suppression
`module of Figure 20.
` Q. Okay. So Figure thir- -- excuse me.
`Figure 21 is on the next page, page 32; correct?
` A. Yes, Figure 21 of Diab is on page 32 in
`paragraph 58 of my declaration.
` Q. So when you said "infrared and red
`packets" in paragraph 58, you were referring to
`the arrows labeled "Infrared" and "Red" on the
`left side of Figure 21?
` A. At a high level, yes.
` Q. And looking back at Figure 20, are the
`infrared snapshot and red snapshot shown in
`Figure 20 the same as the infrared and red arrows
`labeled in Figure 21?
` A. There are other inputs to each of these
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`figures. Each of these figures discusses
`different levels of detail and different aspects
`of the processing. But with respect to your
`particular question, red packets and infrared
`packets are depicted in Figures 20 and Figure 21.
` Q. Okay. So the infrared snapshot and the
`red snapshot are what you're referring to when you
`say "infrared and red packets" in paragraph 58; is
`that correct?
` A. Very loosely, yes --
` Q. Okay.
` A. -- as red and infrared packets. But,
`again, I defer to the specification for its
`description of Figures 20 and 21 and whatever they
`disclose.
` Q. And what data is contained in the
`infrared and red packets shown in Figure 20 and
`Figure 21?
` A. Again, the figure itself describes them
`as the infrared snapshot and the red snapshot 570
`samples at 62.5 hertz. And the text goes into
`more detail as to what precisely they are. But
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`there are, as I said, other inputs, other blocks,
`and other processing depicted in each of the
`Figures 20 and 21, respectively.
` Q. Could you turn back to Diab. Let's go
`to Column 40.
` A. I'm going back to Diab, which is
`Exhibit 1007, and you asked me to go to Column 40.
` Q. Line 43.
` A. Column 40, line 23, you said or --
` Q. Line 43. Sorry.
` A. Oh, 43. Okay. Line 43. Yes, I'm at
`line 43 of Column 40 -- Column 20, line 43.
` Q. Column 40.
` A. Sorry. Column 40, line 43.
` Q. Yeah. Okay. So do you see at line 43
`it says, "The 570 samples provide respective
`infrared and red samples or packets (also denoted
`'snapshot' herein) of samples"?
` A. Yes, that's what I said. You read from
`lines 43 to 45 of Column 40 of Diab.
` Q. So the infrared and red snapshots shown
`in Figure 20 are infrared and red samples or
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`packets; correct?
` A. And the disclosure of paragraph -- of
`Column 40, lines 43 to 45 describes them as 570
`samples that provide respective infrared and red
`samples or packets, also denoted as snapshots of
`samples.
` Q. Do you see -- do you see the paragraph
`in Column 40 starting on line 13?
` A. Yes, I'm on Column 40 of Diab, line
`No. 13. There is a paragraph that starts with,
`"It should be understood."
` Q. And do you see the last line in that
`paragraph states that "The 625-hertz resolution is
`reduced to 62.5 hertz in the decimation
`operation"?
` A. It describes here in Diab Column 40 that
`in order to satisfy Nyquist sampling requirements,
`less than 20 hertz is needed according to the
`understanding that the human pulse is about 25 to
`250 beats per minute or about .4 hertz to 4 hertz.
`Accordingly, the 625-hertz resolution is reduced
`to 62.5 hertz in the decimation operation,
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`Column 40, lines 15 through 21.
` Q. And do you see Column 39, line 18, which
`states that "The raw data points are provided at
`625 hertz intervals to the decimation operation
`which reduces the samples by an order of 10 to
`samples at 62.5 hertz"?
` Do you see that?
` A. I see that in Column 39. You read from
`lines 15 through 20 of Diab, Column 39.
` Q. So based on those two portions of Diab,
`is it fair to say that 62.5 hertz represents the
`rate at which samples are produced by the
`operations in Figure 16?
` MR. STOWELL: Objection; foundation.
` THE WITNESS: Again, Counsel, you read
`the sections that I have read, as well, and I
`think that the description in Diab describes what
`it's doing. If that's your question, it does
`describe here that in Column 40, with respect to
`Figure 16, that the red and infrared sample data
`is provided at 625 hertz and so on, lines 21
`through 25.
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`BY MR. SMITH:
` Q. And the text in Figure 20 that we've
`been discussing, with respect to the infrared
`snapshot and the red snapshot where it states 570
`samples, 62.5 hertz, is that also referring to the
`rate at which samples are provided to the
`operations of Figure 20?
` MR. STOWELL: Objection; foundation.
` THE WITNESS: And, Counsel, I think I
`answered that before. Figure 20 describes --
`well, let me go back to the figure.
` Yeah, Figure 20 describes a block
`diagram of certain operations that are described
`in the text that have a number of inputs and a
`number of outputs that are shown in that figure.
`And it's receiving the red snapshot. The red
`snapshot saturation average peak rate and others
`on the left and produces in this figure the heart
`rate and the clean plethysmograph waveform on the
`right. It does mention 62.5 hertz as part of the
`infrared and red snapshots.
` Let me switch off the alarm. One
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`second.
` THE VIDEOGRAPHER: Do we need to go off
`the record?
` THE WITNESS: No, I'll just be back in
`one second.
` THE VIDEOGRAPHER: Okay.
` MR. SMITH: Yeah, it's fine.
` THE WITNESS: Sorry for that. It's an
`alarm.
`BY MR. SMITH:
` Q. And I'll compliment you on your alarm
`tone. That was nice and funky.
` Staying in Figure 20 -- or actually,
`let's just say staying in your declaration,
`page 31.
` A. Okay. One second.
` Q. Sure.
` A. Okay. I'm on my declaration.
` Q. Oh, and by the way, I forgot to tell you
`this at the top, let's -- I'm going to try to take
`a break every hour, you know, as we've done in the
`past. So if -- but if you need a break at any
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`time, let me know, and we can break.
` A. Sounds good.
` Q. Okay. In Figure 20 -- you see Figure 20
`on page 31 of your declaration; correct?
` A. Yes.
` Q. Do you see the block 580 in Figure 20
`labeled "Motion Artifact Suppression"?
` A. Yes, there's a block 580 labeled "Motion
`Artifact Suppression" in Figure 20.
` Q. And that's also referred as the motion
`artifact suppression module; correct? In Diab?
` A. Yes, I describe -- I describe that by
`citing to Figure 21. That's also part of
`paragraph 58 of my declaration.
` Q. And do you see in Figure 20 that the
`motion artifact suppression includes a number of
`inputs represented by arrows pointing to it?
` A. Block 580, which is the motion artifact
`suppression of Figure 20, has a number of arrows
`that are highlighted in blue that include the
`arrows on the left that are inbound.
` Q. When you say "the arrows on the left,"
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`do you mean the arrow originating from the
`infrared snapshot label and the other arrow
`originating from the red snapshot label?
` A. All the labels, for example, the
`saturation, the average peak width from the bin
`power curves --
` Q. Okay.
` A. -- from block 584.
` Q. You had said the arrows on the left. I
`was just making sure that included the saturation
`and the average peak width arrows, which are
`pointing at the bottom of block 580.
` A. That's correct.
` Q. Okay. So on page 32 of your
`declaration.
` A. Okay. I'm on page 32 of my declaration.
` Q. And you've included Figure 21 from Diab
`on page 32?
` A. Yes. It refers to the motion artifact
`suppression module 580 of Figure 20 that produces
`that clean plethysmorgraph waveform on the right.
` Q. And you state in paragraph 58 that
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`"Figure 21 (below), which is 'a block diagram of
`the operations of the motion artifact suppression
`module of Fig. 20...'"
` You say it's -- you state that regarding
`the figure in paragraph 58; correct?
` A. Yes, in paragraph 58 on page 31.
` Q. Okay. And you've referred to a clean
`plethysmorgraph waveform. What are you referring
`to when you use that term?
` A. It refers to the output of the motion
`artifact suppression block or module 580.
` Q. Is that the block -- or strike that.
` Is that clean plethysmorgraph waveform
`annotated in yellow on page 30 of your declaration
`in Figure 20?
` A. Yes, it's annotated as part of Figure 21
`and also part of Figure 20 on page 31 of my
`declaration.
` Q. And in paragraph 57 of your declaration,
`you state that "Diab discloses that generating the
`clean plethysmorgraph waveform requires continuous
`operation of the motion artifact suppression
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`module 580."
` Do you see that?
` A. Yes.
` Q. So does Figure 21 from Diab, which is on
`page 32 of your declaration, does that show the
`opera