UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2022-01291
`U.S. Patent 10,687,745
`____________
`
`SECOND SUPPLEMENTAL DECLARATION OF BRIAN W. ANTHONY
`
`1
`
`APPLE 1082
`Apple v. Masimo
`IPR2022-01291
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2022-01291
`U.S. Patent 10,687,745
`____________
`
`SECOND SUPPLEMENTAL DECLARATION OF BRIAN W. ANTHONY
`
`1
`
`APPLE 1082
`Apple v. Masimo
`IPR2022-01291
`
`
`
`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
`
`I, BRIAN W. ANTHONY, hereby declare the following:
`
`1.
`
`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 reviewed and cited to each of the following documents in analyzing
`
`the issues addressed in my second declaration (APPLE-1042):
`
`APPLE-1038
`
`ITC Inv. No. 337-TA-1276 Exhibit RX-0335 (U.S. Pat. No.
`5,830,137 (“Scharf”))
`
`APPLE-1039
`
`ITC Inv. No. 337-TA-1276 Exhibit RX-0504 (Austin Wareing,
`Optimization of Reflectance-Mode Pulse Oximeter Sensors)
`
`APPLE-1040
`
`ITC Inv. No. 337-TA-1276 Exhibit RX-0508 (Jianchu Yao and
`Steve Warren, Stimulating Student Learning with a Novel “In-
`House” Pulse Oximeter Design (2005))
`
`APPLE-1041
`
`ITC Inv. No. 337-TA-1276 Exhibit RX-0632
`
`APPLE-1043 Excerpt of The American Heritage Dictionary of the English
`Language, Fifth Edition, Houghton Mifflin Harcourt Publishing
`Company (2011)
`
`APPLE-1044 Excerpt of Collins Dictionary, HarperCollins Publishers (2010)
`
`APPLE-1045 Excerpt of Merriam-Webster’s Collegiate Dictionary, Eleventh
`Edition, Merriam-Webster, Incorporated (2014)
`
`APPLE-1046 Excerpts from Bronzino, The Biomedical Engineering Handbook,
`CRC Press, Inc. (1995) (“Bronzino”)
`
`APPLE-1048 Severinghaus et al., Recent Developments in Pulse Oximetry,
`Anesthesiology, Vol. 76, No. 6 (June 1992)
`
`APPLE-1049 Duffy, MIO Alpha BLE Review, PC Magazine (Jan. 28, 2013)
`available at https://www.pcmag.com/reviews/mio-alpha-ble
`
`2
`
`
`
`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
`
`
`APPLE-1050 Pang et al., A Neo-Reflective Wrist Pulse Oximeter, IEEE Access,
`Volume 2 (January 12, 2015)
`
`APPLE-1051 Li et al., A Wireless Reflectance Pulse Oximeter With Digital
`Baseline Control for Unfiltered Photoplethysmograms, IEEE
`Transactions on Biomedical Circuits and Systems, Vol. 6, No. 3
`(June 2012)
`
`APPLE-1052 U.S. Patent Application Publication No. 2006/0253010 to Brady et
`al.
`
`APPLE-1053 Cai et al., Implementation of a Wireless Pulse Oximeter Based on
`Wrist Band Sensor, 2010 3rd International Conference on
`Biomedical Engineering and Informatics (BMEI 2010)
`
`APPLE-1054
`
`International Publication No. WO 2001/17421 to Lindberg et al.
`
`APPLE-1055 Maattala et al., Optimum Place for Measuring Pulse Oximeter
`Signal in Wireless Sensor-Belt or Wrist-Band, 2007 International
`Conference on Convergence Information Technology, IEEE
`(2007)
`
`APPLE-1056 Fontaine et al., Reflectance-Based Pulse Oximeter for the Chest
`and Wrist, Worchester Polytechnic Institute
`
`APPLE-1058 U.S. Patent No. 7,468,036 to Rulkov et al.
`
`APPLE-1069
`
`ITC Inv. No. 337-TA-1276 Exhibit RX-0498 (Takatani et al.,
`Optical Oximetry Sensors for Whole Blood and Tissue, IEEE
`Engineering in Medicine and Biology (June/July 1994))
`
`APPLE-1076 Beam Shaping with Cylindrical Lenses, available at
`https://www.newport.com/n/beam-shaping-with-cylindrical-lenses
`
`
`
`APPLE-1077 Dickey, Laser Beam Shaping Theory and Techniques, Second
`Edition, Taylor & Francis Group, LLC (2014)
`
`3
`
`
`
`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
`
`
`APPLE-1078 Lee et al., Micro-LED Technologies and Applications, Information
`Display (June 2016)
`
`
`
`3.
`
`I understand the foregoing exhibits to be true and correct copies of
`
`their respective publications, or excerpts of the respective publications. I also note
`
`that a number of the exhibits among APPLE-1043-1078 include indicia of
`
`authenticity, including copyright symbols, publisher details, publication dates, etc.
`
`that imply these exhibits are true and correct.
`
`4.
`
`Each of the exhibits listed herein are of a type that an expert would
`
`rely upon in formulating opinions related to the respective issues for which have I
`
`cited those exhibits in my second declaration. These exhibits are consistent with
`
`my own knowledge of subject matter relevant to the ’745 patent, and various
`
`exhibits further demonstrate a POSITA’s knowledge of subject matter relevant to
`
`the ’745 Patent as I explained in my second declaration. See APPLE-1003,
`
`APPLE-1042.
`
`5.
`
`I currently hold the opinions set expressed in this Declaration. But my
`
`analysis may continue, and I may acquire additional information and/or attain
`
`supplemental insights that may result in added observations.
`
`4
`
`
`
`Case No. IPR2022-01291
`Attorney Docket: 50095-0045IP1
`
`
`6.
`
`I hereby declare that all statements made 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 with 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.
`
`
`
`
`Date: September 12, 2023
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`BRIAN W. ANTHONY
`
` Danny
`
`
`
`5
`
`
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