`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________
`
`APPLE, INC.,
`
`Petitioner,
`
`v.
`
`OMNI MEDSCI, INC.,
`
`Patent Owner.
`
`___________
`
`IPR2020-00175
`Patent 10,188,299 B2
`
`____________
`
`Record of Oral Hearing
`Held: March 25, 2021
`
`_____________
`
`Before GRACE KARAFFA OBERMANN, JOHN F. HORVATH, and
`SHARON FENICK, Administrative Patent Judges.
`
`OMNI 2132 - IPR21-00453
`
`
`
`
`
`APPEARANCES:
`
`ON BEHALF OF THE PETITIONER:
`
`
`THOMAS A. BROUGHAN, III, ESQUIRE
`Sidley & Austin, LLP
`1501 K Street, N.W.
`Washington, D.C. 20005
`
`
`
`
`ON BEHALF OF THE PATENT OWNER:
`
`
`THOMAS A. LEWRY, ESQUIRE
`Brooks Kushman
`1000 Town Center
`22nd Floor
`Southfield, MI 48075
`
`
`
`
`The above-entitled matter came on for hearing on Thursday, March 25,
`2021, commencing at 1:06 p.m., EDT, at the U.S. Patent and Trademark
`Office, by video/by telephone.
`
`OMNI 2132 - IPR21-00453
`
`
`
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`while in the '533 the claim specifies a light source configured to
`increase signal-to-noise ratio.
`While the claim language is different the Lisogurski
`reference is not and the Board's findings about what Lisogurski
`teaches are applicable here because it's the same record, the same
`reference, the same -- argues the same basic evidence.
`If you go to slide 10, there is no, excuse me. If you go to
`slide 10 there is no dispute that Lisogurski's device is configured
`to increase the LED firing rate in some circumstances. If you go
`to the top Dr. MacFarlane, Omni's expert, has admitted this.
`That Lisogurski describes a device that is configured to increase
`the emitter firing rate. And there also should be no dispute that
`doing so will sometimes increase the signal-to-noise ratio. If
`you look at the bottom quote Dr. MacFarlane admitted that
`increasing the firing rate generally will increase signal-to-noise
`ratio and as we looked at on some slides earlier, Omni has
`admitted that tracking heart rate can increase signal-to-noise
`ratio by increasing the LED pulse rate. T hus the evidence
`including Lisogurski's disclosure and Omni's admissions show
`that cardiac cycle modulation is configured to increase signal-to-
`noise ratio by increasing the LED firing rate. However, even if
`Lisogurski alone does not teach something configured to increase
`signal-to-noise ratio, by increasing the pulse rate of an LED
`Lisogurski and Carlson do.
`JUDGE FENICK: Sorry, Mr. Broughan. This is Judge
`
`OMNI 2132 - IPR21-00453
`
`
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`Fenick. Before we move on to Lisogurski and Carlson, on your
`slide, the slide that you just showed slide 10 at the bottom says
`that in general if you increase the pulse rate you'll increase the
`signal-to-noise ratio. It sounds to me like this isn't what
`Lisogurski discusses when it discusses cardiac cycle modulation.
`So this portion of the witness's statement, was this describing
`Lisogurski's cardiac cycle modulation or Lisogurski in general?
`It sounds like you want us to take this as the witness admitting
`that this is true in general which is -- is it directed towards
`Lisogurski's cardiac cycle modulation?
`MR. BROUGHAN: No. This was a question answered
`about increasing the pulse rate of an LED generally, not about
`Lisogurski specifically. But the general comment would apply to
`the more specific here, that when you're increasing the pulse
`rate, that will increase signal-to-noise ratio.
`JUDGE FENICK: My understanding of the cardiac cycle
`modulation is it tracks the cardiac cycle of the wearer and so if
`that cardiac cycle decreases you would need to decrease the
`pulse rate to increase the signal-to-noise ratio. So this doesn't
`seem to be, this general description doesn't seem to be describing
`the cardiac cycle modulation.
`MR. BROUGHAN: That's correct, Your Honor. It is not
`specifically describing cardiac cycle modulation but still the
`general principle behind it I believe is true which is that if you're
`increasing the pulse rate, as a general matter that will increase
`
`OMNI 2132 - IPR21-00453
`
`
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