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`Page 1 of 3
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`INFORMATION DISCLOSURE STATEMENT
`
`AND NOTICE OF CONCURRENT LITIGATION
`
`Inventor
`
`: Ammar AI-Ali
`
`App. No.
`
`:
`
`16/835,772
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`Filed
`
`For
`
`Examiner
`
`Art Unit
`
`Conf. No.
`
`: March 31, 2020
`
`:
`
`:
`
`:
`
`:
`
`PHYSIOLOGICAL MONITORING DEVICES, SYSTEMS, AND METHODS
`
`FARDANESH, MARJAN
`
`3791
`
`2365
`
`
`
`Commissioner for Patents
`
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`References and Listing
`
`Pursuant to 37 CFR 1.56, an Information Disclosure Statement listing references is
`
`provided herewith. Copies of any listed foreign and non-patent literature references are being
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`submitted.
`
`Pursuant
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`to 37 CFR 1.97(g) and (h), Applicant makes no representation that
`
`the
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`information is considered to be material to patentability. Additionally, inclusion onthis list is
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`not an admission that any of the cited documents are prior art in this application. Further,
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`Applicant makes no representation regarding the completeness ofthis list, or that better art does
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`not exist.
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`Related Proceedings
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`Pursuant
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`to M.P.E.P § 2001.06(c), Applicant provides this notification of related
`
`litigation proceedings. On January 9, 2020, Applicant, Masimo Corporation, and Cercacor
`
`Laboratories, Inc., filed a complaint in the United States Court for the Central District of
`
`California (Case No. 8:20-cv-00048) against Apple Inc.. On March 25, 2020 an amended
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`complaint was filed. The complaint alleges infringement of U.S. Patent Nos. 10,258,265;
`
`10,258,266;
`
`10,292,628;
`
`10,299,708;
`
`10,376,190;
`
`10,376,191;
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`10,588,553;
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`10,588,554;
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`10,470,695; 6,771,994; 8,457,703; and 10,433,776. At least U.S. Patent No. 10,470,695 shares a
`
`
`
`Docket No.: MAS.1007C7
`App. No.: 16/835,772
`
`Page 2 of 3
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`common priority claim with the present application. Copies of related documents in the
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`proceeding are being submitted herewith.
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`For convenience in reviewing this submission, the following chart is provided showing
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`the pending applications which share at least one common priority claim with each of the
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`asserted patents. It should be noted that other family membersthat share at least one common
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`priority claim may have issued as well.
`
` Patent No.
`
`10,258,265
`
`10,258,266
`
`10,292,628
`
`10,299,708
`
`10,376,190
`
`10,376,191
`
`10,588,553
`
`10,588,554
`
`10,470,695
`
`6,771,994
`
`8,457,703
`
`10,433,776
`
`
`
`Pending Family Members
`
`16/449143
`
`16/534956
`
`16/541987
`
`16/725478
`
`16/725292
`
`16/8295 10
`
`16/829578
`
`16/829536
`
`16/834467
`
`16/834538
`
`16/834533
`
`16/532061
`
`16/532065
`
`16/791955
`
`16/791963
`
`16/835712
`
`16/835772
`
`15/820082
`
`16/174130
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`-2-
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`
`
`Docket No.: MAS.1007C7
`App. No.: 16/835,772
`
`No Disclaimers
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`Page 3 of 3
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`To the extent
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`that anything in the Information Disclosure Statement or the listed
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`references could be construed as a disclaimer of any subject matter supported by the present
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`application, Applicant hereby rescinds and retracts such disclaimer.
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`Timing of Disclosure
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`This Information Disclosure Statement is being filed before the receipt of a First Office
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`Action on the merits, and presumably no fee is required.
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`If a First Office Action on the merits
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`was mailed before the mailing date of this Statement, the Commissioner is authorized to charge
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`the fee set forth in 37 CFR 1.17(p) to Deposit Account No. 11-1410.
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`Dated: April 23, 2020
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`Respectfully submitted,
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`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By:
`
`/Jarom Kesler/
`Jarom D. Kesler
`Registration No. 57,046
`Registered Practitioner
`(949) 760-0404
`
`
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