UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`Case IPR2022-01299 & IPR2022-01300
`U.S. Patent 7,761,127
`
`DECLARATION OF MOHAMED DIAB
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`Case IPR2022-01299 & IPR2022-01300
`U.S. Patent 7,761,127
`
`DECLARATION OF MOHAMED DIAB
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`1.
`
`I, Mohamed Diab, am making this declaration at the request of Patent
`
`Owner Masimo Corporation (“Masimo”) in the matters of the Inter Partes Review
`
`Nos. IPR2022-01299 and IPR2022-01300 of U.S. Patent No. 7,761,127 (“the ’127
`
`patent”). I understand that Apple submitted the ’127 patent as Exhibit 1001 in these
`
`proceedings. The ’127 patent describes and claims the invention that came out of
`
`our development of
`
`a
`
`sensor
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`capable of noninvasively measuring
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`carboxyhemoglobin. I understand that this declaration is being submitted in each of
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`these proceedings as Exhibit 2002.
`
`2.
`
`I gave deposition and hearing testimony in an ITC Investigation in
`
`which Masimo asserts the ’127 patent and other patents against Apple. My
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`testimony in this declaration is similar to my testimony in the ITC Investigation.
`
`3.
`
`I started as an engineer at Masimo. My current position at Masimo is
`
`fellow scientist. I started working at Masimo in 1989 and have worked there ever
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`since.
`
`4.
`
`In 1986, I graduated from Cal State Fullerton with a Bachelor of
`
`Science degree in electrical engineering with an emphasis on computer engineering.
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`5.
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`In the 1990s, I and the other engineers at Masimo were working on our
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`first pulse oximeter. I was involved in the hardware design, the sensor design, and
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`IPR2022-01299 & IPR2022-01300
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`the algorithm design. The algorithm takes the signal from the sensor and calculates
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`pulse rate, oxygen saturation, and other parameters.
`
`6.
`
`A pulse oximeter is a device that noninvasively measures physiological
`
`parameters in a patient’s blood by transmitting light into a tissue site (such as a
`
`finger) and measuring the light after it has passed through the tissue. Figure 1 of the
`
`’127 patent depicts a pulse oximeter with a sensor attached to a patient’s finger.
`
`7.
`
`In a typical pulse oximeter, the sensor that attaches to a patient’s finger
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`contains: (1) two light sources, generally light-emitting diodes (LEDs), and (2) a
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`sensor with a light detector (generally a photodetector). Top and bottom views of a
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`Masimo rainbow® sensor are shown below.
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`IPR2022-01300
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`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
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`Top view
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`Bottom view
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`8.
`
`Oxygen saturation (“SpO2”) is a parameter measured noninvasively by
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`pulse oximeters. For an oxygen-saturation measurement, the LEDs typically
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`transmit red and infrared light into the patient’s finger. Some of the transmitted light
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`is absorbed by the tissue and pulsating blood flow in the finger. Bright red
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`oxygenated blood absorbs light differently than blue-green tinted deoxygenated
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`blood. The light detector measures the intensity of the light (i.e., amplitude) from
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`both wavelengths after it passes through the tissue. The ratio of the amplitude of the
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`measured pulsating intensity of the light detected at the red wavelength compared to
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`light detected at the infrared wavelength indicates the level of oxygen saturation.
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`Therefore, for pulse oximetry, the amplitude of each signal is crucial. Assuring the
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`amplitude of each signal is accurately processed is very different and much more
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`difficult than detecting a pulse for pulse rate. For pulse rate detection, a device need
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`have only one LED and measure the time it takes a signal to fluctuate over a cycle.
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`Apple v. Masimo
`IPR2022-01300
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`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`9.
`Masimo has become a leading innovator in pulse oximeters that
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`measure oxygen saturation. I and other engineers at Masimo are inventors on
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`hundreds of patents for oxygen-saturation measurement using pulse oximeters. For
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`example, we were the first to develop pulse oximeters that could accurately measure
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`oxygen saturation while a patient is moving.
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`10. Masimo’s pulse-oximetry algorithms were already extremely accurate
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`in measuring oxygen saturation before the ’127 patent invention. In fact, Masimo’s
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`pulse oximeters do not use the invention claimed in the ’127 patent to measure
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`oxygen saturation.
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`11.
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`In about 2001, we started a project at Masimo to work on noninvasively
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`measuring carboxyhemoglobin and other parameters within the hemoglobin species.
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`The parameters within the hemoglobin species include oxyhemoglobin (blood
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`oxygen saturation), carboxyhemoglobin, methemoglobin, and total hemoglobin.
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`These parameters are much more difficult to measure noninvasively than the
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`parameters traditionally measured by pulse oximetry.
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`12. When carbon monoxide binds with hemoglobin, it displaces the oxygen
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`and will not let the oxygen bind with hemoglobin for many hours to come. Thus, it
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`turns the hemoglobin into a dysfunctional hemoglobin, causing carbon monoxide
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`poisoning.
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`Apple Inc. v. Masimo Corp.
`13.
`Firefighters are exposed to carbon monoxide and, thus, can suffer from
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`carbon monoxide poisoning. People that are exposed to furnaces or similar
`
`appliances lacking good combustion can also get carbon monoxide poisoning.
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`14. Carbon monoxide poisoning is very hard to diagnose because it looks
`
`like a flu. When people with high carbon monoxide poisoning go to the hospital,
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`they look bright red and look like they have a flu.
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`15.
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`Thus, the noninvasive measurement of carboxyhemoglobin was a
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`sought-after measurement to allow for early detection and treatment of carbon
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`monoxide poisoning. Before our invention of the ’127 patent, no company had been
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`able to noninvasively measure carboxyhemoglobin. To this day, no other company
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`offers a competitive product.
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`16. When Masimo started researching noninvasive measurement of
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`carboxyhemoglobin, we looked into how carboxyhemoglobin interacts with light
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`propagating through the tissue. I spent quite a bit of time looking into the theory
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`behind it. Then, we conducted computer simulations trying to understand whether
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`we could build a device that could measure carboxyhemoglobin in the tissue
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`noninvasively, with reasonable accuracy that is relevant to the field. These
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`simulations took about a year.
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`Apple v. Masimo
`IPR2022-01300
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`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`17.
`The result of these simulations is that we found that we could
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`noninvasively measure carboxyhemoglobin. We also found that we could measure
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`methemoglobin and total hemoglobin as well.
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`18. After I had worked on carboxyhemoglobin measurement for about two
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`years, Marcelo Lamego and others joined me on the rainbow® team. The name
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`rainbow® came from the number of colors, or wavelengths, of light emitted by the
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`LEDs needed in the sensor. Typically, Masimo’s pulse oximeters that measure
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`oxygen saturation use two LEDs with two wavelengths of light. Because the
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`carboxyhemoglobin sensors used eight or more wavelengths, we called them
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`rainbow® sensors.
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`19.
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`20.
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`21.
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`22.
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`23.
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`24.
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`25.
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`26.
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`27.
`
`28.
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`I did a calculation and showed that, given the light absorption curve of
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`carboxyhemoglobin, the LED being off by one and a half nanometers explained the
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`bias in the sensor. We then started thinking about ways we could compensate for
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`the LED wavelength shift.
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`29. One cause of LED wavelength shift is the LED heating up. While the
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`eye may see an LED as having a single color or wavelength, such as red, the LED
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`wavelength has an emission spectrum that looks like a bell curve when measured
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`using a device called a spectrophotometer. The emission spectrum has a peak and
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`can be characterized by a weighted average called a centroid.
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`30.
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`If an LED heats up, which typically happens when an LED turns on,
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`the peak, as well as the centroid, shifts to longer wavelengths. A mere increase of
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`10 degrees Celsius in the LED temperature, which happens regularly when an LED
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`is turned on, can cause a 2nm shift in the wavelength. If this shift is not corrected it
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`will render a carboxyhemoglobin measurement useless. We needed a technique that
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`can calculate or adjust for that wavelength shift. We considered many techniques.
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`31. We had previously designed a wavelength detector. Exhibit 2026 is a
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`true and correct copy of an earlier Masimo patent (U.S. Patent No. 5,758,644)
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`describing measuring LED wavelengths in real time without using a temperature
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`sensor for the measurement, as shown in the patent figures below:
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`EX2026, Figs. 7, 9B. One embodiment described in that patent uses two
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`photodiodes, a beam splitter, and an integrating optical sphere to determine the
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`operating wavelengths of LEDs. Id., 20:9-28. However, this system was too
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`unwieldy to implement in a small device such as the rainbow® sensors.
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`32. We also thought we needed to know the junction temperature of the
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`LED to calculate the wavelength. The junction temperature of the LED is the
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`temperature at a location in the middle of the LED called the p-n junction. The LED
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`has two different materials called p and n, and the junction between them is the p-n
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`junction. If the junction temperature of an LED can be measured, the LED’s
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`operating wavelength can be calculated. We initially thought that measuring the
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`LED junction temperature to calculate the LED operating wavelength was
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`conceptually the simplest and most straightforward solution to wavelength shift.
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`33. However, we found that it was impractical to measure the LED junction
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`temperature. It is very difficult to locate, at the p-n junction of an LED, a
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`temperature sensor that can measure the LED junction temperature while a sensor in
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`a very small device is in operation. Because each LED has a different junction
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`temperature depending on the p-n junction type and the amount of energy pumped
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`into the LED, it would have been even more complicated and impractical to use
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`multiple temperature sensors to measure each LED junction temperature of the
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`multiple LEDs of the rainbow® sensors. Furthermore, in a sensor, the LED junction
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`temperature is not fixed rather dynamic. Our tests showed that it is influenced by
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`the ambient as well as the patient body temperatures. This implies that each LED’s
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`wavelength is also dynamic and must be measured in real time in order to correct for
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`errors in the final physiologic parameter measurement.
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`34.
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`Therefore, we explored many different techniques. Eventually we
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`thought that maybe a single thermistor could measure temperature of a thermal mass
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`to which the LEDs are thermally bonded, and that we could use the measured
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`temperature to estimate the operating wavelengths of each of the LEDs.
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`IPR2022-01300
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`35.
`Eventually, we were able to design a thermal mass and measure the
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`temperature of the thermal mass to reliably estimate the operating wavelengths of
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`the LEDs. We initially formed the thermal mass from four internal copper layers of
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`the substrate. The copper layers were thermally connected to the LEDs and a
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`temperature sensor. The temperature sensor measured the temperature of the
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`thermal mass. We used the measured temperature to estimate the LED wavelengths.
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`When we used this technique with a properly designed thermal mass, the error
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`dropped dramatically.
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`36.
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`I was initially skeptical that a thermal mass could be properly designed
`
`so that the temperature of the thermal mass could be used to reliably estimate the
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`operating wavelengths of multiple dissimilar LEDs. This technique had not been
`
`done before and had not been shown to work. Further, I knew that the measured
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`temperature of the thermal mass would not be the LED junction temperature and
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`would never match the LED junction temperature. I also knew that each LED would
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`have a different junction temperature and a different wavelength variation with
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`temperature. Therefore, a single temperature measurement could not possibly match
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`all of the junction temperatures. However, by calibrating each LED wavelength
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`against the temperature of the thermal mass we were able to reliably estimate
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`multiple LED wavelengths. I was pleasantly surprised by how accurately we could
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`predict the operating wavelength of each LED of the rainbow® sensor.
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`37.
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`38.
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`39.
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`40.
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`Apple Inc. v. Masimo Corp.
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`41.
`
`42.
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`43. As shown, the temperature of the thermal mass is stabilized and follows
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`along with the temperature of the LED, while maintaining a delta (difference in
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`temperature) in between. The maintenance of this delta between the thermal mass
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`and the LED means that the thermal mass, as measured by the thermistor, does not
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`actually match the temperature of the LED. However, the thermistor-measured
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`temperature of the thermal mass is correlated with the temperature of the LED so
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`that the temperature of the thermal mass can be used to reliably estimate the
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`operating wavelength of the LED.
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`44.
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`The actual rainbow® sensors have multiple LEDs but a single
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`thermistor that measures the temperature of a single thermal mass. The temperatures
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`of the LEDs differ from each other and from the temperature of the thermal mass.
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`However, the single thermistor-measured temperature of the thermal mass correlates
`
`with the LED temperature, and, thus, can be used to reliably estimate the operating
`
`wavelengths of the multiple LEDs.
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`45.
`
`The temperature of the thermal mass, or the temperatures of the LEDs,
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`do not remain constant. As the graph above shows, the LED temperature naturally
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`rises after the LED is turned on. Further, the thermal mass temperature naturally
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`follows (but is not equal to) the LED temperature as heat is distributed from the LED
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`into the thermal mass. In addition, the thermal mass temperature is different from
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`LED temperature and sits on top of the environment temperature, 300 Kelvin in the
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`above simulation. And in the multi-LED rainbow® sensors, the temperatures of the
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`LEDs are different from each other. Therefore, temperature stabilization in the ’127
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`patent is not about keeping the thermal mass and LED temperatures constant or equal
`
`to each other, but about maintaining a correlation between thermal mass and LED
`
`temperatures, so that the temperature of the thermal mass can be used to reliably
`
`estimate LED wavelengths.
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`46.
`
`In parallel, we also ran experiments on actual rainbow® sensors by
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`using a spectrophotometer to detect, very accurately, the wavelength of each LED.
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`By testing actual rainbow® sensors, we showed that, if we measured the temperature
`
`of the thermal mass in the sensor and calibrated for each LED, we could estimate the
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`LED operating wavelengths while the sensor was in operation typically within plus
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`or minus 0.1 nanometer (one standard deviation).
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`47.
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`48.
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`49.
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`Figure 1 of the ’127 patent depicts a light-based physiological sensor
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`attached to a patient’s finger and connected by a cable to a monitoring device.
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`50. As I mentioned, our invention described and claimed in the ’127 patent
`
`goes beyond traditional pulse oximetry to be able to measure carboxyhemoglobin
`
`and other parameters. The emitter array housed within the finger clip includes
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`additional LEDs that emit the multiple wavelengths used for carboxyhemoglobin
`
`and other parameters. Further, the LEDs and thermistor are mounted on the same
`
`substrate that includes the properly designed thermal mass whose temperature is
`
`used to reliably estimate LED wavelengths.
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`51.
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`Figure 2A of the ’127 patent shows the clip sensor that attaches to a
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`patient’s finger and the cable that connects the sensor to a monitoring device.
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`For rainbow® sensors, the sensor has LEDs that can measure oxygen saturation, as
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`well as carboxyhemoglobin and other rainbow® parameters.
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`52.
`
`Figure 4 of the ’127 patent is an expanded view of the sensor shown in
`
`Figure 2A.
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`The component labeled with number 600 is the emitter assembly including the
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`LEDs. As shown, the emitter assembly is a very small component within the finger
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`clip sensor.
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`53.
`
`Figure 6 of the ’127 patent shows the emitter assembly 600 magnified
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`to show additional detail. The LEDs are the cube-shaped components on the surface
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`of the substrate on the right side of the emitter assembly. As shown, our sensor
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`design could accommodate 16 LEDs.
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`54.
`
`Figure 12 of the ’127 patent is a top-level block diagram of the emitter
`
`assembly.
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`As shown, the LEDs or light emitters are on the left. In the middle is the thermal
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`mass within the substrate. The LEDs pump heat or thermal energy into the thermal
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`mass, as shown by the two arrows to the right of the light emitters. On the right side
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`is a temperature sensor. The temperature sensor is attached to the opposite side of
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`the substrate from the LEDs. The temperature sensor measures a bulk temperature
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`(“Tb” on the figure) of the thermal mass.
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`55.
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`The rainbow® sensors use a thermistor for the temperature sensor. A
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`thermistor is a device whose resistance changes with temperature. The resistance of
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`the thermistor can be measured and the temperature corresponding to the resistance
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`can be calculated or looked up. A thermistor is a very accurate way to measure
`
`temperature in the area where the thermistor is located. A thermistor does not
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`measure temperature in multiple locations or across a wide area. In the ’127 patent,
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`the temperature of the thermal mass measured by the thermistor is a bulk temperature
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`because it is used to estimate wavelengths for multiple LEDs.
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`56.
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`To design the sensor in which the temperature of the thermal mass
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`could be used to reliably estimate the LED wavelengths, we could not just buy a
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`multi-layer metallized circuit board off the shelf. We needed to design a circuit
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`board with a thermal mass that achieved a balance between conducting heat energy
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`from the LEDs to the thermistor so that the measured temperature will track changes
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`to LED temperature and storing heat energy so that the measured temperature will
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`not fluctuate too much and be inaccurate.
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`57.
`Figure 14 of the ’127 patent shows a cross-section across the emitter
`
`assembly to show the composition of the board or substrate itself.
`
`A board is typically made of material called FR-4. It is the material used in most
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`computer boards. The boards in most personal computers are FR-4 boards. FR-4 is
`
`used widely in the computer industry in electronics.
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`58.
`
`The top layer of the board is called the component layer, where the
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`LEDs are attached. The bottom layer of the board is where the thermistor is attached.
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`Sandwiched in between the top and bottom layer are four internal layers. The
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`internal layers are metallized with copper or another thermally conductive material.
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`The internal layers were copper in the first rainbow® sensors.
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`59.
`
`The metallized portions of the layers are thermally connected so that
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`heat will flow between them. Without such thermal connection, heat would not flow
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`between the layers because FR-4 is a very good insulator, made of fiberglass. The
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`layers are thermally connected to each other using vias or plated through holes.
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`Accordingly, heat generated on the top layer where the LEDs are attached flows
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`down to all of the layers through the thermally conductive holes.
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`60.
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`The structure of the thermal mass does not keep the temperature of the
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`thermal mass constant. As I explained in connection with the simulations, the
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`temperature of the thermal mass is not constant. The temperature of the thermal
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`mass follows the temperature of the LEDs in sync so that the measured temperature
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`can be used to reliably estimate operating wavelengths of the multiple LEDs.
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`61. An analogy of people in an elevator can be used to explain how the
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`temperature of the thermal mass can be used to reliably estimate LED wavelengths
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`even though the temperature of the thermal mass does not match any of the LED
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`temperatures. If a group of people are riding in an elevator, and one wants to
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`measure the height of each person’s head from the ground floor of the building, one
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`could first measure each person’s height from the floor of the elevator. Then, one
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`could determine the height of the elevator floor from the ground floor based on
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`which floor the elevator is at. Then, by adding each person’s height to the height of
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`the elevator floor from the ground floor, one could calculate the height of each
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`person’s head from the ground floor. Even though the height of the elevator floor is
`
`not equal to the desired measurement for any person in the elevator, the height of the
`
`-26-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`elevator floor follows, and is correlated to, the desired measurement, allowing an
`
`accurate measurement.
`
`62.
`
`The invention claimed in the ’127 patent is similar to the elevator
`
`analogy because the bulk temperature of the thermal mass correlates with the
`
`operating wavelengths of the multiple LEDs, even though the temperatures are not
`
`equal to each other. By measuring the bulk temperature of the thermal mass and
`
`then calibrating each LED independently to estimate its wavelength, the claimed
`
`invention can reliably estimate each LED operating wavelength.
`
`63. All but two of the Masimo products with the rainbow® name use the
`
`claimed invention of the ’127 patent. Specifically, there is an acoustic rainbow®
`
`sensor and the RD Lite Set-1 rainbow® sensors that do not use the claimed
`
`invention. All other rainbow® sensors use the claimed invention. Throughout the
`
`rest of this declaration, when I refer to the rainbow® sensors, I am referring only to
`
`the rainbow® sensors that use the claimed invention.
`
`64.
`
`The rainbow® sensors connect to a monitoring device that includes an
`
`“MX board.” The MX board receives signals from the rainbow® sensor and
`
`processes the received signals to calculate physiological measurements. The signals
`
`received by the MX board include information about the nominal wavelength of each
`
`LED and the temperature measured by the thermistor. The MX board uses this
`
`information to conduct the wavelength-estimation algorithm to estimate the
`
`-27-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`operating wavelength of each LED. Then, based on the estimated wavelengths and
`
`other signals received from the rainbow® sensor, the MX board calculates
`
`carboxyhemoglobin, methemoglobin, and other rainbow® parameters. The MX
`
`board also calculates traditional pulse-oximeter parameters, such as oxygen
`
`saturation and pulse rate, but does not estimate LED operating wavelengths based
`
`on temperature for these parameters.
`
`65.
`
`The first rainbow® product released was the Rad-57 monitor (below,
`
`left) with a rainbow® sensor (below, right)
`
`EX2004, page 60 (not to scale). Exhibit 2004 is a true and correct copy of an early
`
`Masimo presentation about rainbow® technology. The Rad-57 monitor is the device
`
`that receives signals from a rainbow® sensor, calculates physiological
`
`measurements based on the signals, and displays the measurements. The Rad-57
`
`-28-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`was the first device able to noninvasively measure carboxyhemoglobin in the human
`
`body.
`
`66. All rainbow® sensors have some things in common. All have multiple
`
`LEDs that emit multiple wavelengths of light for measuring different physiological
`
`parameters. As mentioned above, the rainbow® sensors have eight or more LEDs.
`
`67. All rainbow® sensors have a thermistor and a thermal mass. They all
`
`have at least one detector to receive LED light after it has passed through a patient’s
`
`finger and to generate signals based on the received light.
`
`68.
`
`The Rad-57 and other monitoring devices receive the signals from the
`
`sensors. They isolate detected signals from the sensor as part of the process of
`
`calculating physiological parameters based on the signals. There will be eight
`
`signals for a sensor with eight LEDs. The monitoring device also receives the bulk
`
`temperature signal from the thermistor. The monitoring device uses the bulk
`
`temperature signal to estimate the operating wavelength of each of the LEDs. The
`
`monitoring device then uses the estimated wavelengths and physiological signals to
`
`calculate physiological measurements. Finally, the monitoring device shows the
`
`measurements on a display.
`
`69.
`
`The wavelength-estimation calculations are done by an algorithm run
`
`by the monitoring device. The algorithm is defined by source code. I wrote the
`
`original code for the wavelength-estimation calculations. Then, other programmers
`
`-29-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`at Masimo modified and restructured my code to make the code that is used in
`
`production versions of the rainbow® sensors and monitors.
`
`70.
`
`Exhibit 2005 is true and correct copy of an operator’s manual for the
`
`Rad-57. The Rad-57 is the rainbow® monitor that Masimo introduced in 2005.
`
`Exhibit 2005 is a relatively recent version of the Rad-57 operator’s manual.
`
`However, Exhibit 2005 is similar to earlier versions and describes the original Rad-
`
`57 introduced in 2005.
`
`71.
`
`-30-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`Apple Inc. v. Masimo Corp.
`
`-31-
`“31-
`
`MASIMO2002
`Apple v. Masimo
`IPR2022-01300
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`Apple Inc. v. Masimo Corp.
`
`-32-
`-32-
`
`MASIMO2002
`Apple v. Masimo
`IPR2022-01300
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`72.
`
`-33-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`73.
`
`74.
`
`75.
`
`-34-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`76.
`
`77.
`
`-35-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`78.
`
`79.
`
`-36-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`80.
`
`81.
`
`-37-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`py3oO >& < So= 3 S3
`
`-38-
`-38-
`
`MASIMO2002
`Apple v. Masimo
`IPR2022-01300
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`82.
`
`-39-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`83.
`
`-40-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`84.
`
`-41-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`85.
`
`86.
`
`-42-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`87.
`
`-43-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`88.
`
`89.
`
`-44-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`90.
`
`91. Masimo and its rainbow® sensors have received significant industry
`
`praise. Exhibit 2022 is a true and correct collection of articles describing some of
`
`the awards Masimo has won for the rainbow® sensors. In addition, the fire
`
`department of New York City (“FDNY”) presented Masimo an American flag
`
`because of the rainbow® Rad-57’s usefulness in helping the FDNY save lives in the
`
`field. Exhibit 2023 is a true and correct copy of an article about the FDNY awarding
`
`-45-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`the flag to Masimo. Exhibits 2024 and 2025 are a true and correct copy of
`
`photographs showing the unveiling of the flag by the FDNY and FDNY’s
`
`presentation of the flag to Masimo’s CEO, Joe Kiani.
`
`92.
`
`Specifically, the FDNY awarded Masimo the “Flag of Heroes,”
`
`FDNY’s highest honor, “in appreciation of the company’s contribution to the
`
`lifesaving efforts of the FDNY and the greater public health in the battle against the
`
`‘silent killer’ known as carbon monoxide (CO) poisoning.” EX2023. The following
`
`photograph shows the unveiling of the Flag of Heroes by the FDNY.
`
`EX2024. The following photograph shows the FDNY’s presentation of the flag to
`
`Masimo’s CEO, Joe Kiani.
`
`-46-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`EX2025.
`
`93.
`
`The rainbow® sensors received this industry praise because they have
`
`claimed features of the ’127 patent that allow them to accurately measure
`
`carboxyhemoglobin. Specifically, a “thermal mass” and a “temperature sensor” for
`
`measuring a “bulk temperature” of the thermal mass and reliably estimating LED
`
`wavelengths are necessary features of the rainbow® sensors that allow them to
`
`accurately measure carboxyhemoglobin.
`
`-47-
`
`MASIMO 2002
`Apple v. Masimo
`IPR2022-01300
`
`
`
`
`
`IPR2022-01299 & IPR2022-01300
`
`
`
`
`Apple Inc. v. Masimo Corp.
`
`
`
`
`I declare thatall statements made herein on my own knowledgeare true
`
`
`
`
`
`
`
`
`
`
`
`94.
`
`
`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
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