`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`
`Petitioner,
`
`Vv.
`
`MASIMO CORPORATION,
`
`Patent Owner.
`
`Case IPR2022-01299
`U.S. Patent 7,761,127
`
`DECLARATION OF MICAH YOUNG
`
`MASIMO 2081
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`1.
`
`I, Micah Young, 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 this declaration is being submitted in each of these
`
`proceedings as Exhibit 2081.
`
`2.
`
`I am Masimo’s Chief Financial Officer and Executive Vice President.
`
`I started working at Masimo in October 2017.
`
`3.
`
`I have a Bachelor of Science degree in accounting from Indiana
`
`Wesleyan University, and I earned my CPA shortly thereafter, although I am
`
`currently inactive.
`
`4.
`
`As Masimo’s CFO and Executive VP, I am responsible forall.aspects
`
`of finance, including accounting, financial planning and analysis, tax, and investor
`
`relations.
`
`I report directly to Masimo’s Chief Executive Officer, Joe Kiani..
`
`5.
`
`Masimo maintains a financial data warehouse that we often refer to in
`
`documents as FinDW. Thedatabase includes a lot of Masimo’s Enterprise Resource
`
`Planning (“ERP”) information, coming from systems like Expandable or Oracle.
`
`The database also includes information such as revenue, cost of goods sold, sales
`
`orders, and purchase order information.
`
`MASIMO 2081
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299
`& IPR2022-01300
`Apple Inc. v. Masimo C01p.
`
`6. In connection
`with Masimo's
`complaint
`against
`Apple in the
`
`International
`Trade Commission,
`I directed
`members of Masimo's
`financial
`
`planning
`and analysis
`team to generate
`various
`financial
`reports
`containing
`
`information
`relevant
`to the Masimo products,
`including
`Masimo's
`rainbow®
`
`sensors,
`that I understand
`are covered
`by the patents
`asserted in
`the ITC
`
`Investigation.
`I understand
`that ce1tain
`models of the rainbow®
`sensors
`are the
`
`Masimo domestic
`industry products
`in the ITC Investigation
`and relevant
`to these
`
`IPRs.
`
`7. We extracted
`data from the financial
`data warehouse
`to generate
`the
`
`financial
`reports
`used in the
`ITC Investigation.
`
`8. Exhibit
`2082 is one of the financial
`reports
`we created
`for the ITC
`
`Investigation.
`Exhibit 2082
`is a rainbow®
`Financial
`Report Spreadsheet
`showing
`
`various
`data related
`to Masimo'
`s sales of the models of rainbow® sensors
`asserted
`
`as domestic
`industry
`products
`in the ITC Investigation.
`The data shown in Exhibit
`
`2082 is from Fiscal
`Year 2008 to
`the second quarter
`of 2021.
`
`10.I declare
`that all statements made herein
`on my own knowledge
`are true
`
`and that all statements
`made on inf01mation
`and belief
`are believed
`to be true, and
`
`-2-
`
`MASIMO 2081
`Apple v. Masimo
`IPR2022-01300
`
`
`
`IPR2022-01299 & IPR2022-01300
`Apple Inc. v. Masimo Corp.
`
`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,
`
`underSection 1001 of Title 18 of the United States Code.
`
`Dated:
`
`/I Spelee
`
`56555008
`
`en
`
`<a
`
`fer
`Micah Young
`
`MASIMO 2081
`Apple v. Masimo
`IPR2022-01300
`
`