`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2021-00208
`Patent 10,258,266
`____________
`
`
`
`PETITIONER’S MOTION TO FILE SUPPLEMENTAL INFORMATION
`PURSUANT TO 37 C.F.R. § 42.123
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`INTRODUCTION
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`Pursuant to 37 C.F.R § 42.123(a), and under the authorization granted by the
`
`Board on July 7, 2021, Petitioner hereby moves to submit Exhibit 1040
`
`(“Declaration of Jacob Munford”) and Exhibit 1041 (“Declaration of Gordon
`
`MacPherson: Mendelson-2003”) as supplemental information.
`
`Petitioner requested authorization to file this motion on July 2, 2021, within
`
`one month of the June 3, 2021 date of institution for IPR2021-00208. As
`
`explained in more detail below, Exhibits 1040 and 1041 provide further testimony
`
`supporting the public accessibility and authenticity of prior art references relied
`
`upon in the challenges set forth in the IPR2021-00208 Petition. For at least that
`
`reason, Exhibits 1040 and 1041 are relevant to a claim for which trial has been
`
`instituted. Accordingly, both requirements of 37 C.F.R § 42.123(a) have been met.
`
`Further, counsel for Petitioner and Patent Owner conferred prior to
`
`Petitioner’s request for authorization to submit this motion, and Patent Owner does
`
`not oppose this motion. Petitioner now so moves.
`
`II. BACKGROUND
`
`On November 20, 2020, Petitioner filed a Petition for inter partes review of
`
`claims 1-6, 8-16, 18, and 19 of U.S. Pat. No. 10,258,266 (“the ’266 patent”), which
`
`was assigned case number IPR2021-00208. On May June 3, 2021, the Board
`
`instituted trial on all challenged claims of the ’266 patent, determining that
`1
`
`
`
`
`
`
`Petitioner had demonstrated a reasonable likelihood that Petitioner would prevail
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`in showing the unpatentability of at least one of the challenged claims.
`
`On June 17, 2021, pursuant to 37 C.F.R. § 42.64(b)(1), Patent Owner served
`
`Petitioner with objections to evidence, which included assertions that various prior
`
`art references that had been relied upon in the Petition had not been established as
`
`prior art, in addition to objections to the previously-submitted declaration of
`
`librarian Jacob Robert Munford (Exhibit 1026). On June 30, 2021, pursuant to 37
`
`C.F.R. § 42.64(b)(2), and in response to Patent Owner’s objections, Petitioner
`
`served Patent Owner with supplemental evidence including: (1) an additional
`
`declaration from Mr. Munford (“Declaration of Jacob Munford”; Exhibit 1040);
`
`and (2) a declaration from IEEE’s Director of Board Governance & IP Operations,
`
`Gordon MacPherson, regarding Mendelson-2003 (“Declaration of Gordon
`
`MacPherson: Mendelson-2003”; Exhibit 1041).
`
`Exhibit 1040 provides further testimony supporting the public accessibility
`
`and authenticity of the prior art references relied upon in the challenges set forth in
`
`the IPR2021-00208 Petition, with supporting appendices.
`
`Exhibit 1041 provides further testimony supporting the public accessibility
`
`and authenticity of Mendelson-2003 (Exhibit 1024), which was relied upon in the
`
`challenges set forth in the IPR2021-00208 Petition.
`
`
`
`
`
`2
`
`
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`On July 2, 2021, Petitioner requested authorization from the Board to file a
`
`
`
`motion to submit the declarations of Jacob Robert Munford and Gordon
`
`MacPherson as supplemental information in each of IPR2021-00193, IPR2021-
`
`00195, IPR2021-00208, and IPR2021-00209. On July 7, 2021, the Board
`
`authorized Petitioner to file a motion to submit supplemental information in each
`
`of the indicated proceedings. In accordance with the Board’s authorization,
`
`Petitioner hereby moves to submit Exhibits 1040 and 1041 as supplemental
`
`information in IPR2021-00208.
`
`
`
`III. ARGUMENTS
`
`Under 37 C.F.R. § 42.123(a), a party may file a motion to submit
`
`supplemental information in accordance with the following two requirements: (1)
`
`“A request for the authorization to file a motion to submit supplemental
`
`information is made within one month of the date the trial is instituted”; and (2)
`
`“The supplemental information must be relevant to a claim for which the trial has
`
`been instituted.”
`
`The instant Motion meets both of these requirements. First, Petitioner
`
`requested authorization to file this motion on July 2, 2021, within one month of the
`
`June 3, 2021 date of institution for IPR2021-00208. Second, Exhibits 1040 and
`
`1041 provide further testimony supporting the public accessibility and authenticity
`3
`
`
`
`
`
`
`of prior art references relied upon in the challenges set forth in the IPR2021-00208
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`Petition and, for at least that reason, Exhibits 1040 and 1041 are relevant to a claim
`
`for which trial has been instituted. See, e.g., Valeo v. Magna Elecs., IPR2014-
`
`01204 Pap. 26 at 5 (PTAB Apr. 10, 2015); Palo Alto Networks, Inc. v. Juniper
`
`Networks, Inc., IPR2013-00369 Pap. 37 at 3 (PTAB Feb. 5, 2014)(“[e]vidence that
`
`allegedly confirms the public accessibility of references that serve as the basis of
`
`the grounds of unpatentability authorized…is relevant to the claims of the…patent
`
`for which this trial was instituted”); Motorola Solutions, Inc. v. Mobile Scanning
`
`Tech., IPR 2013-00093 Pap. 37 at 2-3 (PTAB Jun. 28, 2013).
`
`Moreover, like the supplemental information admitted in Valeo, Palo Alto
`
`Networks, and Motorola Solutions, Inc., Exhibits 1040 and 1041 do not change the
`
`grounds of unpatentability authorized in the proceeding, and instead merely
`
`confirm the public accessibility and authenticity of prior art references originally
`
`provided with the Petition. Further, because Patent Owner has been in possession
`
`of the supplemental information in the form of supplemental evidence since June
`
`30, 2021, which is nearly two months prior to the August 27, 2021 due date of the
`
`Patent Owner’s response, the Patent Owner has reasonable time to review Exhibits
`
`1040 and 1041 and is not prejudiced or otherwise burdened by entry of this
`
`supplemental evidence into the record as supplemental information. Similarly, the
`
`
`
`4
`
`
`
`
`entry of Exhibits 1040 and 1041 now, as supplemental information, would not
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`limit the Board’s ability to complete this proceeding in a timely fashion.
`
`Accordingly, Petitioner respectfully submits that Exhibits 1040 and 1041
`
`should be submitted into evidence as supplemental information, and requests the
`
`same.
`
`IV. CONCLUSION
`
`Petitioner respectfully requests that the Board grant this motion to submit
`
`Exhibits 1040 and 1041 as supplemental information in IPR2021-00208.
`
`
`
`
`
`
`
`
`
`Dated: July 9, 2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
` /Hyun Jin In/
`W. Karl Renner, Reg. No. 41,265
`Roberto J. Devoto, Reg. No. 55,108
`Hyun Jin In, Reg. No. 70,014
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5553
`
`5
`
`
`
`
`
`Case No. IPR2021-00208
`Attorney Docket: 50095-0007IP1
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq., the undersigned certifies that on
`
`July 9, 2021, a complete and entire copy of this “PETITIONER’S MOTION TO
`
`FILE SUPPLEMENTAL INFORMATION PURSUANT TO 37 C.F.R. § 42.123”
`
`and its attached exhibits were provided by electronic mail to the Patent Owner by
`
`serving the correspondence e-mail address of record as follows:
`
`Joseph R. Re
`Stephen W. Larson
`Jarom D. Kesler
`Jacob L. Peterson
`Knobbe, Martens, Olson, & Bear, LLP
`2040 Main St., 14th Floor
`Irvine, CA 92614
`
`Email: AppleIPR2021-0208-266@knobbe.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Edward G. Faeth/
`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
`
`
`
`
`
`
`
`6
`
`
`
`
`
`
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Poeze, et al.
`In re Patent of:
`U.S. Patent No.: 10,258,266
`Issue Date:
`April 16, 2019
`Appl. Serial No.: 16/212,537
`Filing Date:
`December 6, 2018
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NON-INVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0007IP1
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`DECLARATION OF JACOB ROBERT MUNFORD
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`APPLE 1040
`Apple v. Masimo
`IPR2021-00208
`
`
`
`
`
`
`
`
`
`
`
`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the
`
`same.
`
`2. I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of
`
`experience in the library/information science field. Beginning in 2004, I
`
`have served in various positions in the public library sector including
`
`Assistant Librarian, Youth Services Librarian and Library Director. I have
`
`attached my Curriculum Vitae as Appendix A.
`
`3. During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
`
`materials directly from vendors, recording publishing data from the material
`
`in question, creating detailed material records for library catalogs and
`
`physically preparing that material for circulation. In addition to my
`
`experience in acquisitions, I was also responsible for analyzing large
`
`collections of library materials, tailoring library records for optimal catalog
`
`1
`
`2
`
`
`
`search performance and creating lending agreements between libraries
`
`during my time as a Library Director.
`
`
`4. I am fully familiar with the catalog record creation process in the library
`
`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically
`
`written in Machine Readable Catalog (herein referred to as “MARC”) code
`
`and contain information such as a physical description of the material,
`
`metadata from the material’s publisher, and date of library acquisition. In
`
`particular, the 008 field of the MARC record is reserved for denoting the
`
`date of creation of the library record itself. As this typically occurs during
`
`the process of preparing materials for public access, it is my experience that
`
`an item’s MARC record indicates the date of an item’s public availability.
`
`
`5. Typically, in creating a MARC record, a librarian would gather various bits
`
`of metadata such as book title, publisher and subject headings among others
`
`and assign each value to a relevant numerical field. For example, a book’s
`
`physical description is tracked in field 300 while title/attribution is tracked in
`
`field 245. The 008 field of the MARC record is reserved for denoting the
`
`creation of the library record itself. As this is the only date reflecting the
`
`inclusion of said materials within the library’s collection, it is my experience
`
`
`
`2
`
`3
`
`
`
`that an item’s 008 field accurately indicates the date of an item’s public
`
`availability.
`
`
`6. This declaration is being drafted as of June 2021. Public and university
`
`libraries in my area have been closed for months due to the COVID-19
`
`pandemic. My state, Pennsylvania, has a travel advisory, which has affected
`
`my ability to travel. In my experience, library catalog records are accurate
`
`descriptions of a library’s collection and my lack of physical access to
`
`libraries at this time creates no doubt in my determinations of authenticity or
`
`availability of the exhibits noted below.
`
`
`7. I have reviewed Exhibit 1024, a copy of an article entitled “Measurement
`
`Site and Photodetector Size Considerations in Optimizing Power
`
`Consumption of a Wearable Reflectance Pulse Oximeter” by Y. Mendelson
`
`and C. Pujary as published in the Proceedings of the 25th Annual
`
`International Conference of the IEEE Engineering in Medicine and Biology
`
`Society, September 17 – 21, 2003 (hereinafter referred to as “2003 IEEE
`
`conference publication”).
`
`
`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
`
`the MARC record for the 2003 IEEE conference publication, as held by the
`
`
`
`3
`
`4
`
`
`
`Pennsylvania State University’s library. I secured this record myself from
`
`the library’s public catalog.
`
`
`9. The MARC record contained within Appendix MENDELSON01 accurately
`
`describes the title, author, publisher, and ISBN number of the 2003 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON01 to Exhibit 1024, it is my determination that Exhibit 1024
`
`is a true and correct copy of the “Measurement Site and Photodetector Size
`
`Considerations in Optimizing Power Consumption of a Wearable
`
`Reflectance Pulse Oximeter” article, and that the copy of the 2003 IEEE
`
`conference publication in Pennsylvania State University’s library includes
`
`the article in Exhibit 1024.
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON01 indicates that the 2003 IEEE conference publication was
`
`first cataloged by the Pennsylvania State University’s library as of February
`
`4, 2004. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2003 IEEE conference
`
`publication, which included the article published as Exhibit 1024, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`February 4, 2004.
`
`
`
`4
`
`5
`
`
`
`
`
`11. Attached hereto as Appendix IEEE02 is a true and correct copy of a
`
`declaration made by Mr. Gordon MacPherson, “Director Board Governance
`
`& IP Operations of The Institute of Electrical and Electronics Engineers,
`
`Incorporated.” Mr. MacPherson’s declaration Appendix IEEE02 states that
`
`the “IEEE publishes and makes available technical articles and standards” as
`
`part of its “ordinary course of business,” and that these publications are
`
`“made available for public download through the IEEE digital library, IEEE
`
`Xplore.”
`
`
`
`12. Mr. MacPherson’s declaration includes, as Exhibit A, an article referred to
`
`as “Y. Mendelson and C. Pujary, ‘Measurement site and photodetector size
`
`considerations in optimizing power consumption of a wearable reflectance
`
`pulse oximeter’, Proceedings of the 25th Annual International Conference of
`
`the IEEE Engineering in Medicine and Biology Society, September 17 – 21,
`
`2003,” which was obtained “through IEEE Xplore, where it is maintained in
`
`the ordinary course of IEEE’s business.” Exhibit A also includes a screen
`
`capture of the IEEE Xplore portal page for the above-noted article.
`
`
`
`
`
`5
`
`6
`
`
`
`13. In comparing the listed fields in Exhibit A of Appendix IEEE02 to Appendix
`
`MENDELSON01 and comparing Exhibit A of Appendix IEEE02 to Exhibit
`
`1024, it is my determination that Exhibit 1024 is a true and correct copy of
`
`the “Measurement site and photodetector size considerations in optimizing
`
`power consumption of a wearable reflectance pulse oximeter” article, and
`
`that the copy of the 2003 IEEE conference publication in Pennsylvania State
`
`University’s library includes the article in Exhibit 1024.
`
`
`14. I have reviewed Exhibit 1015, a copy of an article entitled “Design and
`
`Evaluation of a New Reflectance Pulse Oximeter Sensor” by Y. Mendelson,
`
`et al., as published in the Journal of the Association for the Advancement of
`
`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
`
`“1988 publication”).
`
`
`15. Attached hereto as Appendix MENDELSON03 is a true and correct copy of
`
`the MARC record for the 1988 publication held by the Pennsylvania State
`
`University’s library. I secured this record myself from the library’s public
`
`catalog.
`
`
`16. The MARC record contained within Appendix MENDELSON03 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of the
`
`
`
`6
`
`7
`
`
`
`Association for the Advancement of Medical Instrumentation. The 949 field
`
`of a MARC record is used for institution-specific notations and the 949
`
`fields of this MARC record indicate the Pennsylvania State University’s
`
`issue level holdings for the Journal of the Association for the Advancement
`
`of Medical Instrumentation, demonstrating that the Pennsylvania State
`
`University’s collection contains volumes 17 – 22. These journal holdings
`
`clearly include Volume 22, No. 4, which corresponds to the 1988
`
`publication. In comparing the listed fields in Appendix MENDELSON03 to
`
`Exhibit 1015, it is my determination that Exhibit 1015 is a true and correct
`
`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
`
`Sensor” article, and that the copy of the 1988 publication in Pennsylvania
`
`State University’s library includes the article in Exhibit 1015.
`
`
`17. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON03 indicates that the Journal of the Association for the
`
`Advancement of Medical Instrumentation was first cataloged by the
`
`Pennsylvania State University’s library as of August 8, 1983. The 362 field
`
`of the MARC record indicates Pennsylvania State University’s acquisition of
`
`this material ceased as of Vol. 22, No. 6. Based on this information, it is my
`
`determination that the 1988 publication, which included the article published
`
`
`
`7
`
`8
`
`
`
`as Exhibit 1015, was made available to the public by the Pennsylvania State
`
`University shortly after initial publication in August 1988.
`
`
`18. I have been retained on behalf of the Petitioner to provide assistance in the
`
`above-illustrated matter in establishing the authenticity and public
`
`availability of the documents discussed in this declaration. I am being
`
`compensated for my services in this matter at the rate of $100.00 per hour
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
`
`
`19. I declare under penalty of perjury that the foregoing is true and correct. I
`
`hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Dated: 6/30/2021
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`
`
`
`
`8
`
`9
`
`
`
`
`
`
`
`
`APPENDIX A
`APPENDIX A
`
`10
`
`10
`
`
`
`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`11
`
`
`
`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`12
`
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`13
`
`
`
`
`
`
`
`
`APPENDIX MENDELSON01
`APPENDIX MENDELSONOI
`
`14
`
`14
`
`
`
`screenshot—catalog.Iibraries.psu. edu-2020. 08. 28-09_47_52
`https://catalog.Iibran'es.psu.edu/catalog/2687279/marc_view
`28. 08. 2020
`
`
`
`[fiJPennStz-lte
`I..|n
`t-..-
`I Inmr-r .
`
`‘ Catalog
`
`Keyword
`
`:
`
`Search ..
`
`Advanced search Start Over
`
`
`
`MARC View
`
`
`LEADER 0361 Scam (112200409 a 4500
`
`
`
`001 27583239
`003 siesi
`
`_
`00 2015—1m_1_0_1"
`.
`008040204120032003n103 $101—$1ng
`019
`a MARS
`
`_
`
`7 7
`
`a 028032289314v.set1
`_020
`0357 7 a77(QC7oLCIS43‘7503795 7 7 7 7 7777 7
`a
`040
`_MoKLC7I 7M0KLCI| ocotcdi UtOrBLW
`110 2
`a77I_E_EE EngineenngIn Medicineand BIology Society.blAnnual Conference of(25 h_:_7Ci|2003:cl 7Cancui1 Mexico) _ 7 7 7
`a Proceedings ofthe 25th Annual International Conference ofthe IEEE Engineering'In Medicine and Biologyr Society. b| A new
`beginning for human health: 1121 September. 2003. Cancun. Mexico 2‘ cl Conference Chair and coachair,Jorge E. Monzon.José C.
`Principe [and others].' IEEE [and _ot.hers]
`_
`_
`_
`_
`0 a New beginning for human health
`240 3
`
`246 3
`0 a 25th Annual International Conference of the IEEE EngineeringIn Medicine and Biology Society
`
`246 3
`0 a7 EngineeringIn medicine and biologyr
`
`2e
`1E__-Piscarawav.NeILIEEEEEAIiessiteqsi
`
`264
`4 c @2003
`
`300
`a evolumes: b77|illustrations Cl 28 cm
`
`336
`a text b| txt2| rdaccmtent
`
`33?i
`a unmediateci b| n 2| rdamedia
`
`338
`a v01umeb| n1: 2| rdacarrier
`
`500
`a "IEEE Catalog Number. 03CH324392—.7_Tp verso
`
`504
`a
`Includes bibliographic references and author Index.
`
`530
`a Also available via the World Wide Web.
`
`650
`0 a Biomedical engineeringvl Congresses
`
`1350-
`0' 3" Biomedical mate—rials vi Congresses.
`650— _ _0 a Biosensors v| Congresses
`200 1‘
`' ' _a" Monzonjorge E.
`'
`"2'00
`1
`a Principe J C ql {josé C.)
`210—2
`:3 Instituteof—Electricaland ElectronicsEngineers.
`949
`a R856.A213442003v.1w| _C c|1i|000053667144d|1i12f2012e|10210r2011l|HATHIETASm|UPANNEXn|1r|Ys|Yt|
`ONLINE u| 311622004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode'In this item record. It links to the
`itized copy of this volume. fWITHDRAWING the volume or REPLACING a barcode update the item record to reflect an ONLINE
`r7esource. Add a new barcode by adding a second item record. See Access Services Training Bulletin no 25 for full instructions
`a ”13.850.32130360; 3:201:7_7|__1_.1| 000063632404d |u1#12i201_2—e|_1—0f102201-‘I_l|—I-IA_THIETAS—rn_|ul:lPANNEX n|"1r| Y 5| I"II
`ONLINE u| 31622004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode In this Item record. It links to the
`digitized copy of this volume fWITHDRAWING the volume or REPLACING a barcode update the item record to reflect an ONLINE
`
`resource. _Add a new barcode oy adding a second item record. See Access Services Training Bulletin no_ 257for full instructions
`a| RSS6.A21344 2003 v3 vv| _c c|
`1 HOME—153662003 d| 121222012 9| 1021-0220111: HATHIETAS m| UP‘ANNEX n|
`1 r| Y s| v t|
`ONLINE u| 316112004 o] .STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It links to the
`digitized copy of this volume. fWITHDRAWING the volume or REPLACING a barcode. update the item record to reflect an ONLINE
`resource. Add a new barcode by adding a second item record. See Access Services Training Bulietin no. 25 for full instructions.
`a| R856.A2l344 2003 v.4 w| _C c|
`1 i| 00005366?137 d| 1M 2.0.012 e| 1011012011” HATHIETAS m| UPEANNEX n|
`1 r| Ys| Y t|
`ONLINE u| 3II16I’2004 o] .STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It links to the
`digitized copy of this volume. fWITHDRAWING the volume or REPLACING a barcode. update the item record to reflect an ONLINE
`
`resource. Add a new barcode byadding a second item record. See Access Services Training Bulletin no. 25 for7full instructions.
`
`
`9.on
`
`
`_
`
`043
`
`9—49
`
`949
`
`I .
`[fl ] PennState
`
`-
`
`-
`
`UNIVERSITY LIBRARIES
`
`UNIVERSITY LIBRARlES
`PENN STATE
`
`PENN STATE
`connect WITH
`
`15
`
`
`
`
`
`16
`
`16
`
`
`
`
`
`
`
`
`APPENDIX MENDELSON03
`APPENDIX MENDELSON03
`
`17
`
`17
`
`
`
`screenshot—catalog.Iibraries.psu. edu-2020. 08. 28-09_54_ 12
`https://catalog.Iibran'es.psu.edu/catalog/1382884/marc_view
`28. 08. 2020
`
`catalog
`
`I P811 nState
`@ I.|I'IIu-Iu-sitg.- lIhIIIrIc-c
`0
`Keyword
`
`G. Search
`
`Advanced search Start Over
`
`L’IIZiflkrn-arl:
`
`MARC View
`
`LEA0E8 02022nas a22004451 a 4500
`001 1382884
`003 5I85I
`
`005"20151215010416. 0
`00883080819739999” Eu 00engd
`010
`8 23643617
`
`019
`022 0
`032
`035
`
`a" InAIIs
`a I 0090-6689
`8 209820 I:I| uses
`a“ HAS-14103183—
`
`_
`
`035
`a (ocoLcIIFIIé'I'In
`040
`8... PS! :| PStd| WaOLN 0| LIIOIEILw
`_
`
`0_5_0_ 0
`0 a 8856. A1 0| A85
`245 0
`0 a Medicai—instrumeritation
`
`
`
`: bl AAMI. c| [19?31-1988.
`a Arlington. Va.
`1
`264
`3—00__ "a 169600616; 6'|_I'II_0sI_r'éII_c_II'-Is'f:|2936—1 _
`336
`a textb| txt2| iciacontenc
`33E _
`_a _un_mediat_ed_b|_n 2| rclarnedia
`
`338
`a _uol_urneb| nc_ 2|_rdaca_r_rier
`302 0
`_ 8 Vol. 7. no. 108n. iEeb. 19231- V. 22 no. 6(Dec 1988).
`S_5_D_
`a ”Journal of the A5500 tI0n for the Advancement of
`650
`__0' s'_IiI1'eIIIEs_I'IrisIr—II'I-I'Ieiit's L's—0'0 aEIIII—r'smflsfi Pains—0851's.”
`650
`0 a Biomedical engineeringvi Periodicals.
`
`
`
`] Fe II n State
`
`_
`
`_
`
`_" _
`
`_ fl
`
`_
`
`___
`
`__
`
`_
`
`___
`
`_
`
`
`edicai In
`rumentation".
`_..____..
`
`_
`_
`0' a" Prosthesis iI_| P80001081;
`650
`a Association for the Advancement of Medical Instrumentation.
`2
`7’10
`0 II JAAInI: Journal orII-Ie AssocIaIIon for the Advancement of Medical InsIrumenIaIIcII-I
`280' 0
`5 t Ciinicalengineéringgl 1981-
`780 0
`2 t-Biomedica-itechnologytoday.
`285 0
`1185 O
`3' -I Biomedical instrLI—mentatIEJn & technology.
`
`
`936 1
`al Vol.1? no. 1Uan. {Fall 1983].
`949—
`3"885—6AIIE57121983 w|LcPER c|
`I I|—00002_3_9453_1_4_I|__HA?II_IE"iA5 miUF-tilfil Ex r| Y 5| Yt|URI-LINE Lr| 1011-0501—2382?
`
`949
`a 8856.A1A85v._18_ 1984 wl L_C_I='_E8I:_|_1_I| 000073946120” HATHIETA
`| UP-ANNEX r| 1’s] Yt| ONLINE II|_ 10l10f20122| 8263
`949— —_am8856.A1A85v.19 1985w| LCPERc| 1 i| 0000?39462051| HATE-1&8 r‘r1|—UP"I:\E;J-NIEXr| +3111] HiIiLINELI| 10:10I2012z| 8263
`
`949
`a 8856.A1A85v.201986w| LCPERc|
`1 1| DDDO?39461991| HATHIETAS m| UP-ANNEX r| 951 v I| ONLINE 0| 1011012012 z| 8263
`
`949
`949
`852 0
`866
`
`a“ 8856.A1A85_II 21 1987 w| LCPER (I 1 I| 0000239461820 IIATHIETAS 3| UP-AIIINEEH ‘i’ s| Yfi ONLINE 0'|_10I_10I2012 2| 8263
`a 8886A1A85 \I._221938 w| L_C_PE_R_ c| 1 I| 000023946125 1| HATHIETAS ml UP-ANNE}: r| Y s| v t| ONLINE u| 1011012012 2| 8263
`1 a| 85I6| LIPANNE>_<_c| cATo2 I_-I| 8856.A1 I| A85
`0 8 0 al II. 12119831-V22(1988|
`
`PENN STATE
`UNIVERSITY LIBRARIES
`
`CONNECT WITH
`PENN STATE
`UNIVERSITY LIBRARIES
`
`18
`
`18
`
`
`
`APPENDIX IEEE02
`
`APPENDIX IEEEOZ
`
`19
`
`19
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF GORDON MACPHERSON
`
`I, Gordon MacPherson, am over twenty-one (21) years of age. I have never been
`convicted of a felony, and I am fully competent to make this declaration. I declare the following
`to be true to the best of my knowledge, information and belief:
`
`1. I am Director Board Governance & IP Operations of The Institute of Electrical and
`Electronics Engineers, Incorporated (“IEEE”).
`
`2. IEEE is a neutral third party in this dispute.
`
`3. I am not being compensated for this declaration and IEEE is only being reimbursed
`for the cost of the article I am certifying.
`
`4. Among my responsibilities as Director Board Governance & IP Operations, I act as a
`custodian of certain records for IEEE.
`
`5. I make this declaration based on my personal knowledge and information contained
`in the business records of IEEE.
`
`6. As part of its ordinary course of business, IEEE publishes and makes available
`technical articles and standards. These publications are made available for public
`download through the IEEE digital library, IEEE Xplore.
`
`7. It is the regular practice of IEEE to publish articles and other writings including
`article abstracts and make them available to the public through IEEE Xplore. IEEE
`maintains copies of publications in the ordinary course of its regularly conducted
`activities.
`
`8. The article below has been attached as Exhibit A to this declaration:
`
`
`A. Y. Mendelson and C. Pujary, “Measurement site and photodetector size
`considerations in optimizing power consumption of a wearable reflectance
`pulse oximeter”, Proceedings of the 25th Annual International Conference
`of the IEEE Engineering in Medicine and Biology Society, September 17 –
`21, 2003.
`
`
`
`
`
`9. I obtained a copy of Exhibit A through IEEE Xplore, where it is maintained in the
`ordinary course of IEEE’s business. Exhibit A is a true and correct copy of the
`Exhibit, as it existed on or about April 30, 2021.
`
`
`445 Hoes Lane Piscataway, NJ 08854
`
`DocuSign Envelope ID: 3595DB4B-1765-4589-8185-7AD82F0E2BC1
`
`20
`
`
`
`10. The article and abstract from IEEE Xplore shows the date of publication. IEEE
`Xplore populates this information using the metadata associated with the publication.
`
`11. Y. Mendelson and C. Pujary, “Measurement site and photodetector size
`considerations in optimizing power consumption of a wearable reflectance pulse
`oximeter” was published in the Proceedings of the 25th Annual International
`Conference of the IEEE Engineering in Medicine and Biology Society. The 25th
`Annual International Conference of the IEEE Engineering in Medicine and Biology
`Society was held from September 17 – 21, 2003. Copies of the conference
`proceedings were made available