Apple Inc. (Petitioner)
`v.
`Masimo Corporation (Patent Owner)
`Petitioner Demonstratives
`Case No. IPR2020-01526
`U.S. Patent No. 6,771,994
`Before Hon. Josiah Cocks, Robert Kinder, Amanda Wieker
`Administrative Patent Judges
`
`1
`
`APPLE 1039
`Apple v. Masimo
`IPR2020-01526
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`
`v.
`Masimo Corporation (Patent Owner)
`Petitioner Demonstratives
`Case No. IPR2020-01526
`U.S. Patent No. 6,771,994
`Before Hon. Josiah Cocks, Robert Kinder, Amanda Wieker
`Administrative Patent Judges
`
`1
`
`APPLE 1039
`Apple v. Masimo
`IPR2020-01526
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`
`
`Table of Contents
`
`Issue 1: Obviousness over Diab, Benjamin, and Melby
`
`1A: Light Control Film Improves Diab’s Consistency and Accuracy
`
`1B: Incorporation of Light Control Film is Consistent with Diab’s Teachings
`
`1C: Incorporation of Light Control Film Reduces Noise from Ambient Light
`
`1D: Regulatory Approval Processes would not have Dissuaded the POSITA from Improving Diab
`
`Issue 2: Obviousness over Webster and Melby
`
`2A: Light Control Film Improves Webster’s Consistency and Accuracy
`
`2B: Incorporation of Light Control Film is Consistent with Webster’s Teachings
`
`Issue 3: Obviousness over Fine
`
`Issue 4: Obviousness over Fine, Benjamin, and Melby
`
`Overview of the Challenged ’994 Patent
`
`Overview of the Instituted Grounds
`
`3
`
`4
`
`13
`
`17
`
`21
`
`25
`
`26
`
`30
`
`34
`
`38
`
`41
`
`47
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`2
`
`
`
`Issue 1
`
`Obviousness over Diab, Benjamin, and Melby
`
`3
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`3
`
`
`
`Issue 1A
`
`Light Control Film Improves
`Diab’s Consistency and Accuracy
`
`4
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`4
`
`
`
`Diab Describes an Optical Sensor with a Scattering Medium
`
`Dr. Anthony’s Declaration
`
`Diab
`
`APPLE-1003, ¶ 41.
`
`APPLE-1003, ¶ 58.
`
`APPLE-1006, FIGS. 24 (top, annotated), 25 (bottom).
`
`5
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`5
`
`
`
`Diab Discloses Removing the Scattering Medium from its Photodetector
`
`Diab
`
`Diab
`
`APPLE-1006, 3:63-4:12.
`
`APPLE-1006, FIGS. 24 (top, annotated), 4 (bottom).
`
`6
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`6
`
`
`
`Benjamin Describes an Optical Sensor with Light Control Film
`
`Dr. Anthony’s Declaration
`
`Benjamin
`
`APPLE-1007, FIG. 1
`(as annotated at APPLE-1003, ¶ 61).
`
`APPLE-1003, ¶ 43.
`
`7
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`7
`
`
`
`Light Control Film Improves Consistency and Accuracy
`
`Dr. Anthony’s Declaration
`
`Benjamin
`
`APPLE-1007, 1:50-66.
`
`APPLE-1003, ¶¶ 58-60.
`
`8
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`8
`
`
`
`Benjamin would have Motivated Use of Light Control Film in Diab
`
`Dr. Anthony’s Declaration
`
`Benjamin
`
`APPLE-1007, FIG. 1 (annotated).
`
`APPLE-1003, ¶¶ 58-60.
`
`APPLE-1007, 2:42-61.
`
`9
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`9
`
`
`
`Light Control Film Improves Diab’s Consistency and Accuracy
`
`Dr. Anthony’s Declaration
`
`Diab (top) and Benjamin (bottom)
`
`APPLE-1006, FIG. 24 (annotated).
`
`APPLE-1003, ¶ 64.
`
`APPLE-1007, FIG. 1 (annotated).
`
`10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`10
`
`
`
`Melby Describes Details of Light Control Film
`
`Dr. Anthony’s Declaration
`
`Melby
`
`APPLE-1003, ¶ 44.
`
`APPLE-1003, ¶ 70.
`
`APPLE-1003, ¶ 69.
`
`APPLE-1008, FIGS. 1, 2.
`
`11
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`11
`
`
`
`The POSITA would have Incorporated Light Control Film into Diab
`
`Dr. Anthony’s Declaration
`
`Diab
`
`APPLE-1003, ¶¶ 72-73.
`
`APPLE-1006, FIG. 24
`(as annotated at APPLE-1003, ¶ 74).
`
`APPLE-1003, ¶ 69.
`
`12
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`12
`
`
`
`Issue 1B
`
`Incorporation of Light Control Film
`is Consistent with Diab’s Teachings
`
`13
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`13
`
`
`
`Diab Seeks Improved Optical Signal-to-Noise Ratio
`
`Patent Owner’s Response
`
`Diab
`
`Paper 12 (POR), 30-31.
`
`Paper 12 (POR), 31.
`
`APPLE-1006, 3:63-4:12.
`
`14
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`14
`
`
`
`Diab Discloses Use of a Scattering Medium at its LEDs
`
`Petitioner’s Reply
`
`Diab
`
`Diab
`
`Paper 17 (Pet. Reply), 1-2.
`
`APPLE-1006, 4:6-12.
`
`APPLE-1006, FIGS. 24 (top, annotated), 4 (bottom).
`
`15
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`15
`
`
`
`Incorporation of Light Control Film Improves Signal-to-Noise Ratio
`
`Dr. Anthony’s Declaration
`
`Diab
`
`APPLE-1006, FIG. 24
`(as annotated at APPLE-1003, ¶ 74).
`
`APPLE-1003, ¶ 28.
`
`APPLE-1003, ¶ 73.
`
`16
`
`APPLE-1003, ¶ 69.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`16
`
`
`
`Issue 1C
`
`Incorporation of Light Control Film
`Reduces Noise from Ambient Light
`
`17
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`17
`
`
`
`Light Control Film Reduces Ambient Light at Photodetector
`
`Patent Owner’s Response
`
`Paper 12 (POR), 35.
`
`APPLE-1008 (Melby), FIG. 1 (as annotated at POR, 36)
`
`18
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`18
`
`
`
`Light Control Film Reduces Noise from Ambient Light
`
`Petitioner’s Reply
`
`Melby
`
`Paper 17 (Pet. Reply), 2.
`
`APPLE-1008, FIG. 1.
`
`Diab
`
`APPLE-1006, FIG. 24.
`
`19
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`19
`
`
`
`Light Control Film Improves Signal-to-Noise Ratio
`
`Dr. Anthony’s Declaration
`
`Diab
`
`APPLE-1006, FIG. 24
`(as annotated at APPLE-1003, ¶ 74).
`
`APPLE-1003, ¶ 69.
`
`20
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`20
`
`
`
`Issue 1D
`
`Regulatory Approval Processes would not have
`Dissuaded the POSITA from Improving Diab
`
`21
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`21
`
`
`
`Masimo’s Relied-Upon Reference is Irrelevant
`
`Patent Owner’s Response
`
`Ex. 2005
`
`Ex. 2005, 1.
`
`Paper 12 (POR), 37-38.
`
`22
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`22
`
`
`
`Masimo’s Relied-Upon Reference is Irrelevant
`
`Petitioner’s Reply
`
`Ex. 2005
`
`Ex. 2005, 1 (annotated)
`
`Paper 17 (Pet. Reply), 2-3.
`
`23
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`23
`
`
`
`Masimo’s Relied-Upon Reference is Irrelevant
`
`Petitioner’s Reply
`
`Ex. 2005
`
`Ex. 2005, 1.
`
`Paper 17 (Pet. Reply), 3.
`Dr. Anthony’s Declaration
`
`APPLE-1003, ¶ 69.
`
`24
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`24
`
`
`
`Issue 2
`
`Obviousness over Webster and Melby
`
`25
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`25
`
`
`
`Issue 2A
`
`Light Control Film Improves Webster’s
`Consistency and Accuracy
`
`26
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`26
`
`
`
`Webster Recommends Protecting Detectors from Ambient Light
`
`Dr. Anthony’s Declaration
`
`Webster
`
`APPLE-1003, ¶ 76.
`
`APPLE-1010 (Webster), FIG 7.1
`(as annotated at APPLE-1003, ¶ 76)
`
`APPLE-1003, ¶ 77.
`
`27
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`27
`
`
`
`Melby’s Light Control Film Controls Ambient Light
`
`Dr. Anthony’s Declaration
`
`Melby (top) and Webster (bottom)
`
`APPLE-1003, ¶ 94.
`
`APPLE-1003, ¶ 100.
`
`APPLE-1008, FIG. 1.
`
`APPLE-1010, FIG 7.1.
`
`28
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`28
`
`
`
`Melby’s Light Control Film Improves Webster’s Signal-to-Noise Ratio
`
`Dr. Anthony’s Declaration
`
`Combination of Webster and Melby
`
`APPLE-1003, ¶ 101.
`
`APPLE-1003, ¶ 104.
`
`APPLE-1010, FIG. 7.1
`(as annotated APPLE-1003, ¶ 103).
`
`29
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`29
`
`
`
`Issue 2B
`
`Incorporation of Light Control Film is
`Consistent with Webster’s Teachings
`
`30
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`30
`
`
`
`Webster Proposes Limiting Unwanted Light Incident on the Detector
`
`Patent Owner’s Response
`
`Dr. Anthony’s Declaration
`
`Paper 12 (POR), 37-38.
`
`APPLE-1003, ¶¶ 93-94.
`
`31
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`31
`
`
`
`Webster Proposes Decreasing Angle of Incidence to the Detector
`
`Webster
`
`APPLE-1010 (Webster), 79
`(cited and quoted at Petition, 39).
`
`See also Pet. Reply, 4-5.
`
`32
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`32
`
`
`
`Melby’s Light Control Film Decreases Angle of Incidence to the Detector
`
`Petitioner’s Reply
`
`Dr. Anthony’s Declaration
`
`APPLE-1003, ¶ 104.
`
`Pet. Reply, 4-5.
`
`33
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`33
`
`
`
`Issue 3
`
`Obviousness over Fine
`
`34
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`34
`
`
`
`Fine’s Complexity and Price are Irrelevant
`
`Petitioner’s Reply
`
`Pet. Reply, 5.
`
`35
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`35
`
`
`
`Fine’s Optical Fiber Bundles Teach the Claimed Louvers
`
`Petition
`
`Fine
`
`APPLE-1009, FIG. 7
`(as annotated at Petition, 45)
`
`Petition, 45-46.
`
`APPLE-1009, FIG. 2.
`
`36
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`36
`
`
`
`Fine’s Optical Fiber Bundles Teach the Claimed Louvers
`
`Petitioner’s Reply
`
`Fine
`
`Pet. Reply, 6.
`
`APPLE-1009, FIGS. 5, 6
`(as annotated at Petition, 56, 72)
`
`37
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`37
`
`
`
`Fine’s Optical Fiber Bundles Teach the Claimed Louvers
`
`Dr. Anthony’s Declaration
`
`Fine
`
`APPLE-1003, ¶ 130.
`
`APPLE-1009, FIGS. 2, 5 (annotated).
`
`38
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`38
`
`
`
`Issue 4
`
`Obviousness over Fine, Benjamin, and Melby
`
`39
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`39
`
`
`
`Masimo Mischaracterizes the Proposed Combination
`
`Petitioner’s Reply
`
`Fine
`
`APPLE-1009, FIG. 4
`(as annotated at POR, 53).
`
`Pet. Reply, 8-9.
`
`APPLE-1009, FIG. 5 (annotated).
`
`40
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`40
`
`
`
`Overview of the ’994 Patent
`
`41
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`41
`
`
`
`’994 Patent Overview
`• The ’994 Patent’s earliest effective filing
`date is June 18, 1999.
`
`• The ’994 Patent includes 18 claims, of
`which claims 1, 9, 15, and 16 are
`independent.
`
`Independent claim 15 recites:
`•
`“A sensor which generates at least first and
`second intensity signals from a light-sensitive
`detector which detects light of at least first
`and second wavelengths transmitted through
`body tissue carrying pulsing blood; the sensor
`comprising: … a plurality of louvers
`positioned over the light sensitive detector
`….”
`
`IPR2020-01526, APPLE-1001
`(U.S. Patent No. 6,771,994)(“’994 Patent”).
`
`42
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`42
`
`
`
`’994 Patent: Challenged Claim 15
`
`IPR2020-01526, APPLE-1001, 8:21-36 (independent claim 1).
`
`43
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`43
`
`
`
`’994 Patent: Pulse Oximetry Sensor
`Dr. Anthony’s Declaration
`’994 Patent
`
`IPR2020-01526, APPLE-1003, ¶¶ 30-32.
`
`IPR2020-01526, APPLE-1001, FIGS. 1, 5B
`(as annotated at APPLE-1003, ¶¶ 30, 33).
`
`44
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`44
`
`
`
`’994 Patent: “a plurality of louvers”
`Dr. Anthony’s Declaration
`’994 Patent
`
`IPR2020-01526, APPLE-1001, 6:35-41.
`
`IPR2020-01526, APPLE-1003, ¶¶ 32-33.
`
`45
`
`IPR2020-01526, APPLE-1001, FIG. 5B
`(as annotated at APPLE-1003, ¶ 33).
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`45
`
`
`
`’994 Patent: “a plurality of louvers”
`Dr. Anthony’s Declaration
`’994 Patent
`
`IPR2020-01526, APPLE-1001, 8:21-36 (independent claim 1).
`
`IPR2020-01526, APPLE-1003, ¶¶ 39-40.
`
`IPR2020-01526, APPLE-1001, FIG. 5B
`(as annotated at APPLE-1003, ¶ 39).
`
`46
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`46
`
`
`
`Overview of the Instituted Grounds
`
`47
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`47
`
`
`
`Instituted Grounds
`
`Ground
`1
`
`Basis
`Obvious over Diab in view of Benjamin and Melby
`
`Claim
`15
`
`2
`
`3
`
`4
`
`Obvious over Webster in view of Melby
`
`Obvious over Fine
`
`Obvious over Fine in view of Benjamin and Melby
`
`15
`
`15
`
`15
`
`48
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`48
`
`
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