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17 PO Response to Pet: Patent Owner Response

Document IPR2024-00294, No. 17 PO Response to Pet - Patent Owner Response (P.T.A.B. Oct. 10, 2024)
... injured persons in dangerous scenarios wear a Sensor Module and a Receiver Module, and each Receiver Module transmits measurements to the PDA carried by a medic. The medic uses their PDA to remotely monitor multiple injured ...
Further, even if D’Angelo were prior art, there are many reasons why a POSITA would not have been motivated to use the medic’s PDA to power and “read out” measured data from one injured person’s Receiver Module after its battery ...
... three wirelessly connected components: (1) a “Sensor Module” worn by on each injured person’s forehead; (2) a “Receiver Module” worn on each injured person’s body; and (3) one PDA used by a medic to remotely monitor the injured ...
Further, Apple’s proposed modification assumes that the medic would use the PDA to power the Receiver Module attached to an injured person, upon reaching that person in the field.
A POSITA would have understood that if the medic went to the injured person, he or she would not have used Mendelson’s PDA to power the Receiver Module because there would no longer be a need to remotely monitor that person.
... person right in front of them using typical medical equipment such as a finger-clip pulse oximeter or stethoscope, and applied the emergency medical care deemed necessary. Id. And if the person’s injuries warranted monitoring after ...
A POSITA would have understood that the medic was not using the PDA as intended (i.e., monitoring “multiple” injured people at the same time) whenever the medic had to use the PDA to read out one injured person’s Receiver Module, ...
... Relatedly, if the medic was using the PDA-turned-wristwatch to power and read out data from one injured person’s Receiver Module as Apple proposes, the medic would not be using the PDA-turned-wristwatch to monitor “multiple” injured ...
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39 Other Hearing transcript: Other Hearing transcript

Document IPR2023-01237, No. 39 Other Hearing transcript - Other Hearing transcript (P.T.A.B. Jan. 29, 2025)
... the left the petition notes that a person of skill in the art would take that instruction that we just saw to go look at other layouts in similar systems. And in the portion on the right the Petitioner and Petitioner’s expert talk about how a person ...
Federal Circuit in the ICON Health & Fitness case has talked about how when you have equipment of different sizes in two different references, that doesn’t mean that a person of skill in the art 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IPR2023-01236 Patent 10,815,188 B2 IPR2023-01237 Patent 9,586,805 B1 IPR2023-01238 Patent 10,974,955 B2 wouldn’t be able to figure ...
They just point them out and say that a person of skill in the art seeing this blocked storage area wouldn’t look at it anymore. But we know from the case law that’s not what a person of skill in the art would do.
... on Slide 35, sorry, getting a little further with that, just showing Petitioner’s expert actually did do weighing, and noted that these elements in Cable are simple aisle walkways, known elements to persons of skill in the art. And that a person ...
You can see the photo on the right, which is from Exhibit 2012 where there are safety concerns that can result in some pretty serious incidents, fires, personal injuries, and that type of thing.
And that’s I think what we’re advocating for here is that there’s so much at stake with fires that can occur and personnel that can become injured that it’s certainly something that would be taken into consideration.
A person of ordinary skill in the art would conclude that the use of brass in refueling is really just a serious risk. And again, with fires and personal injury at stake there’s really no reason to take that kind of risk.
There are some pretty serious consequences that can happen in the face of refueling problems, fires, personal injury and there's no reason why one of ordinary skill in the art would take the risk of using a brass fitting or an AFLA seal that ...
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41 Other Hearing transcript: Other Hearing transcript

Document IPR2023-01236, No. 41 Other Hearing transcript - Other Hearing transcript (P.T.A.B. Jan. 29, 2025)
... the left the petition notes that a person of skill in the art would take that instruction that we just saw to go look at other layouts in similar systems. And in the portion on the right the Petitioner and Petitioner’s expert talk about how a person ...
Federal Circuit in the ICON Health & Fitness case has talked about how when you have equipment of different sizes in two different references, that doesn’t mean that a person of skill in the art 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IPR2023-01236 Patent 10,815,188 B2 IPR2023-01237 Patent 9,586,805 B1 IPR2023-01238 Patent 10,974,955 B2 wouldn’t be able to figure ...
They just point them out and say that a person of skill in the art seeing this blocked storage area wouldn’t look at it anymore. But we know from the case law that’s not what a person of skill in the art would do.
... on Slide 35, sorry, getting a little further with that, just showing Petitioner’s expert actually did do weighing, and noted that these elements in Cable are simple aisle walkways, known elements to persons of skill in the art. And that a person ...
You can see the photo on the right, which is from Exhibit 2012 where there are safety concerns that can result in some pretty serious incidents, fires, personal injuries, and that type of thing.
And that’s I think what we’re advocating for here is that there’s so much at stake with fires that can occur and personnel that can become injured that it’s certainly something that would be taken into consideration.
A person of ordinary skill in the art would conclude that the use of brass in refueling is really just a serious risk. And again, with fires and personal injury at stake there’s really no reason to take that kind of risk.
There are some pretty serious consequences that can happen in the face of refueling problems, fires, personal injury and there's no reason why one of ordinary skill in the art would take the risk of using a brass fitting or an AFLA seal that ...
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12 Institution Decision Grant: Granting Institution of Inter Partes Review 35 USC § 314, 37 CFR § 424

Document IPR2023-00810, No. 12 Institution Decision Grant - Granting Institution of Inter Partes Review 35 USC § 314, 37 CFR § 424 (P.T.A.B. Nov. 8, 2023)
ANALYSIS Level of Ordinary Skill in the Art A. Petitioner asserts that a person of ordinary skill in the art would have had a “bachelor’s degree in electrical engineering or its equivalent and two years of experience in electrical engineering ...
Based on our review of the ’971 patent and the prior art of record, we determine that the definition offered by Petitioner comports with the qualifications a person would have needed to understand and implement the teachings of the ’971 ...
... 11,376,971 B2 1312. “[T]he ordinary and customary meaning of a claim term is the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention.” Id. at 1313. “Importantly, the person ...
Baxter explains that jumper cables “commonly used to connect two low-voltage (e.g. battery-powered) systems temporarily” may “result in personal injury and equipment damage.” Ex. 1008 ¶ 5.
Further, “connecting a jumper cable set backward (i.e. with polarity of one of the battery connections reversed) can also cause injury or damage.” Ex. 1008 ¶ 5.
According to Dr. Ricketts, a person of ordinary skill in the art “would understand that a ‘booster box’ would refer 12 IPR2023-00810 Patent 11,376,971 B2 to an apparatus with integrated battery and cables to connect to a vehicle battery.” ...
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1002 Exhibit: Ex 1002 2 No Title Spreadsheet of Prior Expert Cases

Document IPR2024-01380, No. 1002-3 Exhibit - Ex 1002 2 No Title Spreadsheet of Prior Expert Cases (P.T.A.B. Sep. 6, 2024)
... CENTRAL DISTRICT OF CALIFORNIA Western Division - Los Angeles / International Trade Commission, Washington, D.C. Plaintiff Number 13-36-BLG- RFC 150900684 Date 2014 2016 4:16-cv-01153 2017 Type Patent Personal Injury ...
... Florida In The Superior Court of Troup County State of Georgia 2019-CA- 000579-AX 2021 18-CV-0079 2022 Personal Injury Personal Injury Zapata v Republic Services, Inc.
Christy Sahlstrom v The Greenery Nursery Kiera Hynes v Buck Institute Apparatus and Systems for Air Borne Cleaning of Surfaces Macy v Ray Lovato Recycling Center Trevor Horlacher v Heavy Equipment Solutions LLC Plaintiff Benchmark Case No. 222671 BMA Case No. 222671 2022 Personal Injury Defendant United States International Trade Commission, Washington, D.C. Inv. No. 337- TA-1304 2022 Patent Plaintiff In the Circuit Court of La Crosse County State of Wisconsin 21-CV-206 2022 Defendant United ...
... County, Illinois County Department Law Division Case No. CJ- 2021-153 2024 Personal Injury Case No. 9:22- cv-81726 Civil Action No. 2:18-cv- 00551-RJS- PMW No. 21 L 007107 2024 Patent 2024 Trade Secret 2024 Personal Injury
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1002 Exhibit: Ex 1002 2 Expert Report Cases No Title Just Table

Document IPR2024-01381, No. 1002-3 Exhibit - Ex 1002 2 Expert Report Cases No Title Just Table (P.T.A.B. Sep. 6, 2024)
... CENTRAL DISTRICT OF CALIFORNIA Western Division - Los Angeles / International Trade Commission, Washington, D.C. Plaintiff Number 13-36-BLG- RFC 150900684 Date 2014 2016 4:16-cv-01153 2017 Type Patent Personal Injury ...
... Florida In The Superior Court of Troup County State of Georgia 2019-CA- 000579-AX 2021 18-CV-0079 2022 Personal Injury Personal Injury Zapata v Republic Services, Inc.
Christy Sahlstrom v The Greenery Nursery Kiera Hynes v Buck Institute Apparatus and Systems for Air Borne Cleaning of Surfaces Macy v Ray Lovato Recycling Center Trevor Horlacher v Heavy Equipment Solutions LLC Plaintiff Benchmark Case No. 222671 BMA Case No. 222671 2022 Personal Injury Defendant United States International Trade Commission, Washington, D.C. Inv. No. 337- TA-1304 2022 Patent Plaintiff In the Circuit Court of La Crosse County State of Wisconsin 21-CV-206 2022 Defendant United ...
... County, Illinois County Department Law Division Case No. CJ- 2021-153 2024 Personal Injury Case No. 9:22- cv-81726 Civil Action No. 2:18-cv- 00551-RJS- PMW No. 21 L 007107 2024 Patent 2024 Trade Secret 2024 Personal Injury
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30 Pet Reply to PO Resp: Petitioners Reply to Patent Owners Response

Document IPR2024-00294, No. 30 Pet Reply to PO Resp - Petitioners Reply to Patent Owners Response (P.T.A.B. Jan. 13, 2025)
Worse yet, Dr. Duckworth has no personal knowledge regarding an alleged earlier reduction to practice, but rather incorporates 17 additional paragraphs from a declaration submitted by named inventor Bilal Muhsin.
Indeed, Dr. Duckworth concedes that his understanding of how “the Mendelson device operated” is based on his personal knowledge “[a]s an author of the Mendelson paper.” EX2037, ¶125; APPLE-1087, 108:17-109:5. However, to be ...
As such, applying this teaching of D’Angelo to Mendelson would not impede the resulting system’s ability to provide remote monitoring for persons wearing the sensors.
Indeed, Masimo’s expert confirmed that Mendelson’s system was not confined to only monitoring injured persons in combat zones.
A POSITA would have recognized that medical personnel would be in close physical proximity to such patients during transport.
... personnel” are in close physical proximity to causalities in combat zones to “distribute sensors.” APPLE-1011, 3; APPLE-1083, ¶40. Masimo next asserts that a medic in close proximity to an injured person would have used “typical ...
... replac[ing] the Receiver Module’s AA batteries” but such a 18 Case No. IPR2024-00294 Attorney Docket No. 50095-0135IP2 solution would have required the medic to carry a potentially large amount of AA batteries on their person.
... Masimo’s first two arguments addressing the Mendelson-D’Angelo-Goldsmith combination (applying backup power from the wristwatch/PDA would require physical proximity of the medic and person wearing the sensor; only one person ...
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2008 Exhibit: Unverferth Mfg Co, Inc v Meridian Mfg Group, Inc, Complaint with Exhibits, 312 cv 02248, DI 1 ND Ohio, Sep 5, 2012

Document IPR2024-01426, No. 2008 Exhibit - Unverferth Mfg Co, Inc v Meridian Mfg Group, Inc, Complaint with Exhibits, 312 cv 02248, DI 1 ND Ohio, Sep 5, 2012 (P.T.A.B. Dec. 23, 2024)
This Court has personal jurisdiction over Defendant.
... PERSONAL INJURY O 365 Personal Injury • Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability O 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY O 370 Other Fraud O 371 Truth in ...
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