Patent Owner’s Reply to the Opposition to the Revised Motion to Amend was filed on October 8, 2024 (Paper 36) and Petitioner’s sur-reply to reply to opposition to revised motion to amend is due on October 29, 2024.
On October 15, 2024, the Board issued a final written decision in a related proceeding, Masimo Corp. v. Apple Inc., IPR2023-00745, Paper 44 (745-IPR).
Thus, in this proceeding, we believe that both parties have had adequate notice and an opportunity to address the claim construction adopted by the Board in IPR-745.
In the interest of having an opportunity to address how our adopted claim construction of “embedded in” may impact this proceeding, the parties may, but are not required to, submit up to five pages of additional briefing by October 30, 2024.
Accordingly, it is ORDERED that the parties may submit Supplemental Claim Construction Briefing by October 30, 2024, addressing the issues set forth above.