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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`MASIMO CORPORATION,
`Patent Owner.
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`____________
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`Case IPR2022-01291
`U.S. Patent 10,687,745
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
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`Pursuant to 37 C.F.R. § 42.70(a), Petitioner, Apple Inc., hereby submits this
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`Request for Oral Argument on all of the instituted grounds of unpatentability of
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`claims 1, 9, 15, 18, 20, and 27 of U.S. Patent No. 10,687,745.
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`The grounds and issues disputed in the present proceeding (IPR2022-01291)
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`substantially overlap those in related proceeding IPR2022-01465, and given this
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`overlap, Petitioner respectfully requests that the hearings for these two proceedings
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`be consolidated to a single hearing at which the parties would be permitted to
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`address issues from both proceedings. Petitioner requests 75 minutes per side of
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`oral argument time for a consolidated hearing and requests that the hearing be
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`conducted virtually by videoconference. Petitioner respectfully requests that the
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`parties be afforded equal time to present at the hearing regardless of the total
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`hearing time that the Board may authorize.
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`Petitioner specifically requests authorization to address at least the following
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`issues at the hearing, without waiving consideration of any issue not listed below:
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`1. Obviousness of claims 1 and 9 in Ground 1A based on the teachings
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`of Iwamiya in view of Sarantos;
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`2. Obviousness of claims 15, 18, 20, and 27 in Ground 1B based on the
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`teachings of Iwamiya in view of Sarantos and Venkatraman;
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`1
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`Attorney Docket: 50095-0045IP1
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`3. Obviousness of claims 1, 9, 15, and 18 in Ground 2A based on the
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`teachings of Sarantos in view of Shie;
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`4. Obviousness of claims 15, 18, 20, and 27 in Ground 2B based on the
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`teachings of Sarantos in view of Shie and Venkatraman;
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`5. Any claim construction issues;
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`6. Any procedural and/or evidentiary issues;
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`7. Rebuttal to Patent Owner’s presentation on all matters; and
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`8. Any additional issues on which the Board seeks clarification.
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`Dated: September 22, 2023
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`Respectfully submitted,
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`/Nicholas W. Stephens/
`Nicholas Stephens, Reg. No. 74,320
`Fish & Richardson P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on September
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`22, 2023, a complete and entire copy of this Petitioner’s Request for Oral
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`Argument were provided via email, to the Patent Owner by serving the email
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`correspondence address of record as follows:
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`Brian C. Claassen (Reg. No. 63,051)
`Carol Pitzel Cruz (Reg. No. 61,224)
`Daniel C. Kiang (Reg. No. 79,631)
`Jeremiah S. Helm (Pro Hac Vice)
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.: (949) 760-0404
`Fax: (949) 760-9502
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`E-mail: AppleIPR745-1@knobbe.com
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`/Crena Pacheco/
`Crena Pacheco
`Fish & Richardson P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`pacheco@fr.com
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