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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 IPR2022-01299
`U.S. Patent 7,761,127
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Case No. IPR2022-01299
`Attorney Docket: 50095-0046IP1
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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 1-30 of U.S. Patent No. 7,761,127. Petitioner requests 60 minutes per side
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`of oral argument time and requests that the hearing be conducted virtually by
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`videoconference. To the extent the Board schedules the total hearing time to be
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`more or less than 120 minutes, Petitioner requests that it be given half the length of
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`the hearing to make its arguments.
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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 7-10 in Ground 1A based on the teachings of
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`Yamada in view of Chadwick;
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`2. Obviousness of claims 11-12 in Ground 1B based on the teachings of
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`Yamada in view of Chadwick and Leibowitz;
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`3. Obviousness of claims 13-17 and 20-23 in Ground 1C based on the
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`teachings of Yamada in view of Chadwick and Cheung;
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`4. Obviousness of claims 18-19 and 24-25 in Ground 1D based on the
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`teachings of Yamada in view of Chadwick, Cheung, and Leibowitz;
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`5. Obviousness of claims 1-3, 6-10, 26-27, and 30 in Ground 1E based
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`on the teachings of Yamada in view of Chadwick and Noguchi;
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`1
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`Case No. IPR2022-01299
`Attorney Docket: 50095-0046IP1
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`6. Obviousness of claims 4-5, 11-12, and 28-29 in Ground 1F based on
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`the teachings of Yamada in view of Chadwick, Noguchi, and Leibowitz;
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`7. Obviousness of claims 7-10 in Ground 2A based on the teachings of
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`Yamada;
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`8. Obviousness of claims 11-12 in Ground 2B based on the teachings of
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`Yamada in view of Leibowitz;
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`9. Obviousness of claims 13-17 and 20-23 in Ground 2C based on the
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`teachings of Yamada in view of Cheung;
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`10. Obviousness of claims 18-19 and 24-25 in Ground 2D based on the
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`teachings of Yamada in view of Cheung and Leibowitz;
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`11. Obviousness of claims 1-3, 6-10, 26-27, and 30 in Ground 2E based
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`on the teachings of Yamada in view of Noguchi;
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`12. Obviousness of claims 4-5, 11-12, and 28-29 in Ground 2F based on
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`the teachings of Yamada in view of Noguchi and Leibowitz;
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`13. Any claim construction issues including constructions of the terms
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`“bulk temperature” and “thermal mass”;
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`14. Masimo’s arguments and evidence regarding alleged secondary
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`considerations of non-obviousness, and Apple’s rebuttal of the same;
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`15. Any procedural and/or evidentiary issues;
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`Case No. IPR2022-01299
`Attorney Docket: 50095-0046IP1
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`16. Rebuttal to Patent Owner’s presentation on all matters; and
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`17. Any additional issues on which the Board seeks clarification.
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`Dated: September 20, 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. IPR2022-01299
`Attorney Docket: 50095-0046IP1
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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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`20, 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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`Irfan A. Lateef (Reg. No. 51,922)
`Ted M. Cannon (Reg. No. 55,036)
`Jarom D. Kesler (Reg. No. 57,046)
`Jacob L. Peterson (Reg. No. 65,096)
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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: AppleIPR127-1@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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`4
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