Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 1 of 122 PageID #:
`1201
`
`EXHIBIT 12
`
`

`

`
`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 2 of 122 PageID #:
`1202
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`7[a] a wearable
`device for measuring
`one or more
`physiological
`parameters,
`
`’790 Patent Claim Whoop Accused System1
`7[pre] An optical
`Without conceding that the preamble of Claim 7 of the ’790 Patent is limiting, Whoop Inc. (“Whoop”) has
`system, comprising:
`made, used, offered to sell, sold in the United States, and/or has imported into the United States, and/or,
`continues to make, use, offer to sell, and sell within the United States, and/or import into the United States,
`Accused Systems that are optical systems comprising a wearable device for measuring one or more
`physiological parameters, either literally or under the doctrine of equivalents.
`
`For example, Whoop provides a system including WHOOP 4.0, which measures physiological
`parameters of a user, such as heart rate, blood oxygen level, temperature, and respiratory rate. WHOOP
`4.0 connects to a Phone/Tablet via Bluetooth to sync data corresponding to measured physiological
`parameters. After downloading the Whoop App on a Phone/Tablet and completing the initial Bluetooth
`pairing, WHOOP 4.0 transfers measured health data to the app whenever in range to the Phone/Tablet. The
`app processes and analyzes the measured physiological parameters and provides insights into the user’s
`health and wellness.
`
`Whoop further offers and sells a membership-based service along with the Accused Wearable Device,
`where users pay a subscription fee for access to the Whoop App, data analysis, and health and wellness
`insights. The membership provides access to Whoop’s platform; a user must purchase the add-on Whoop
`membership in addition to an Accused Wearable Device to access all of the health features of the Accused
`Wearable Device.
`
`
`
`1 The Accused System includes a Whoop wearable device, such as WHOOP 1.0, WHOOP 2.0, WHOOP 3.0, and WHOOP 4.0 (each an
`“Accused Wearable Device”), which provides a system for measuring one or more physiological parameters of a user. The WHOOP
`4.0 and various mobile devices are charted here as representative of the Accused System and should not be understood to be limiting.
`The citations to evidence contained within this chart are illustrative and should not be understood to be limiting. Plaintiff expressly
`reserves the right to rely upon additional or different evidence, or to rely on additional citations to the evidence already cited herein.
`
`
`Ex. 12
`
`
`
`1
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 3 of 122 PageID #:
`1203
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`2
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 4 of 122 PageID #:
`1204
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`3
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 5 of 122 PageID #:
`1205
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://join.whoop.com/us/en/membership/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`4
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 6 of 122 PageID #:
`1206
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`5
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 7 of 122 PageID #:
`1207
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`6
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 8 of 122 PageID #:
`1208
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`7
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 9 of 122 PageID #:
`1209
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`Source: https://support.whoop.com/s/article/WHOOP-App-Minimum-Software-
`Requirements?language=en_US.
`
`Ex. 12
`
`
`
`
`
`8
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 10 of 122 PageID #:
`1210
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`9
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 11 of 122 PageID #:
`1211
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`10
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 12 of 122 PageID #:
`1212
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`11
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 13 of 122 PageID #:
`1213
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`7[b] the wearable
`device adapted to be
`placed on a wrist of
`a user;
`
`
`Source: https://www.youtube.com/watch?v=pj5VWkAgyME&t=2s.
`
`The Accused System comprises a wearable device adapted to be placed on a wrist of a user, either
`literally or under the doctrine of equivalents.
`
`For example, the WHOOP 4.0 (“wearable device”) is adapted to be and is placed on a wrist of a user.
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`12
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 14 of 122 PageID #:
`1214
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`13
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 15 of 122 PageID #:
`1215
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`14
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 16 of 122 PageID #:
`1216
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`15
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 17 of 122 PageID #:
`1217
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`7[c] the wearable
`The Accused System comprises a wearable device includes a light source comprising a plurality of
`semiconductor diodes, either literally or under the doctrine of equivalents.
`device including a
`light source
`
`For example, the WHOOP 4.0 (“wearable device”) includes a light source that comprises multiple LEDs,
`comprising a
`such as a green LED, red LED, and an infrared LED (“plurality of semiconductor diodes”).
`plurality of
`
`semiconductor
`diodes that are
`configured to
`generate an output
`optical light having
`one or more optical
`wavelengths,
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`16
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 18 of 122 PageID #:
`1218
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`17
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 19 of 122 PageID #:
`1219
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`Ex. 12
`
`
`
`
`
`18
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 20 of 122 PageID #:
`1220
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/difference/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`19
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 21 of 122 PageID #:
`1221
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`20
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 22 of 122 PageID #:
`1222
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`21
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 23 of 122 PageID #:
`1223
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`In the Accused Wearable Device, the plurality of semiconductor diodes are configured to generate an
`output optical light having one or more optical wavelengths, either literally or under the doctrine of
`equivalents.
`
`For example, WHOOP 4.0 includes multiple LEDs (“semiconductor diodes”), such as a green LED, a red
`LED, and an infrared LED. Different color LEDs and infrared LEDs each generate output optical light
`having different optical wavelengths (“one or more optical wavelengths”).
`
`
`
`
`22
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 24 of 122 PageID #:
`1224
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`23
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 25 of 122 PageID #:
`1225
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`24
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 26 of 122 PageID #:
`1226
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`“While the most familiar pulse oximeters are those that are placed on your finger, the same technology is
`utilized in many other devices, including the WHOOP 4.0, to monitor blood oxygen levels from the wrist.
`The WHOOP 4.0 does this by sending two wavelengths of light (red and infrared) through your skin
`where it is absorbed and reflected by blood vessels.”
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`“WHOOP measures heart rate using advanced optical sensors with photoplethysmography (PPG)
`technology. It works by emitting green LED light into the skin, and then measuring the light that’s
`reflected back.”
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`LEDs outputting light at different colors do so at different optical wavelengths. For example, a green LED, a
`red LED, and an infrared LED all output light at different optical wavelengths:
`
`
`Ex. 12
`
`
`
`
`
`25
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 27 of 122 PageID #:
`1227
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.photonics.com/Articles/Light-Emitting_Diodes_A_Primer/a36706.
`
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`26
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 28 of 122 PageID #:
`1228
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`7[d] wherein at least
`The Accused Wearable Device comprises a light source generating an output optical light having one or
`more optical wavelengths, wherein at least a portion of the one or more optical wavelengths is a near-
`a portion of the one
`infrared wavelength between 700 nanometers and 2500 nanometers, either literally or under the doctrine
`or more optical
`wavelengths is a
`of equivalents.
`
`near-infrared
`wavelength between
`For example, the Accused Wearable Device is equipped with light-emitting diodes (LEDs). These LEDs are
`configured to generate an output optical light having one or more optical wavelengths, where distinct
`700 nanometers and
`2500 nanometers;
`optical wavelengths are associated with different colors (e.g., green and red light). Additionally, at least a
`portion of the emitted light is a near-infrared wavelength between 700 nanometers and 2500
`nanometers—e.g., between about 800nm and 940nm.
`
`
`
`Ex. 12
`
`
`
`
`
`27
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 29 of 122 PageID #:
`1229
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`28
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 30 of 122 PageID #:
`1230
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`29
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 31 of 122 PageID #:
`1231
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`“While the most familiar pulse oximeters are those that are placed on your finger, the same technology is
`utilized in many other devices, including the WHOOP 4.0, to monitor blood oxygen levels from the wrist.
`The WHOOP 4.0 does this by sending two wavelengths of light (red and infrared) through your skin
`where it is absorbed and reflected by blood vessels.”
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`“WHOOP measures heart rate using advanced optical sensors with photoplethysmography (PPG)
`technology. It works by emitting green LED light into the skin, and then measuring the light that’s
`reflected back.”
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`LEDs outputting light at different colors do so at different optical wavelengths. For example, a green LED, a
`red LED, and an infrared LED all output light at different optical wavelengths:
`
`
`Ex. 12
`
`
`
`
`
`30
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 32 of 122 PageID #:
`1232
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.photonics.com/Articles/Light-Emitting_Diodes_A_Primer/a36706.
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`31
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`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 33 of 122 PageID #:
`1233
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`7[e] the wearable
`The Accused System comprises a wearable device comprising one or more lenses configured to receive
`at least a portion of the output optical light and to deliver a lens output light to tissue comprising skin,
`device comprising
`one or more lenses
`either literally or under the doctrine of equivalents.
`configured to
`
`For example, the Accused Wearable Device (“wearable device”) comprises one or more lenses positioned
`receive at least a
`between each LED and the wrist of a user when worn by the user. The lenses receive output optical light
`portion of the output
`from the LEDs and deliver the lens output light to tissue of the user (e.g., skin, blood vessels, veins).
`optical light and to
`deliver a lens output
`
`light to tissue
`comprising skin;
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`
`
`32
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 34 of 122 PageID #:
`1234
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/difference/.
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`
`
`
`Ex. 12
`
`
`
`
`
`33
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 35 of 122 PageID #:
`1235
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
` A
`
` product teardown of WHOOP 4.0 reveals that it features, among other components, a pulse
`oximeter/heart rate sensor manufactured by Analog Devices (formerly Maxim Integrated) (e.g.,
`“MAX86171”).
`
`
`Ex. 12
`
`
`
`
`
`34
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 36 of 122 PageID #:
`1236
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.techinsights.com/products/ddt-2111-806.
`
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`
`
`35
`
`Ex. 12
`
`
`
`Maxim Integrated MAX86171
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 37 of 122 PageID #:
`1237
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`The product data sheet for MAX86171, shown below, states that MAX86171 includes nine LED driver
`outputs to support WHOOP 4.0’s multiple LEDs. The LEDs each include a lens that receives output
`optical light from the LED and delivers the light to the skin (and underlying tissue) on the user’s wrist
`(e.g., epoxy lens, flat lens). WHOOP 4.0 further includes a material covering the array of LEDs (e.g., epoxy
`lens, flat lens), which is a lens that receives output optical light from the LED and delivers the light to
`the skin. WHOOP 4.0 further includes yet another material covering the array of LEDs and photodetectors,
`which is a lens that receives output optical light from the LED and delivers the light to the skin.
`
`
`
`
`
`
`
`
`
`Source: Analog Devices, “MAX86171: Low-Noise AFE for Pulse Oximeter and Heart Rate Monitor Data
`Sheet,” Rev.2, Mar. 24, 2022, at 1, available at https://www.analog.com/media/en/technical-
`documentation/data-sheets/MAX86171.pdf.
`
`
`
`Ex. 12
`
`
`
`
`
`36
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 38 of 122 PageID #:
`1238
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`37
`
`
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 39 of 122 PageID #:
`1239
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`38
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 40 of 122 PageID #:
`1240
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`(Above and below: Cross-section of LEDs)
`
`
`
`Lens
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`Lens (e.g., flat lens) on each LED
`
`
`
`Ex. 12
`
`
`
`
`
`39
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 41 of 122 PageID #:
`1241
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`Source: https://www.tralert.com/en/lighting-terms/led-lens/
`
`
`Ex. 12
`
`
`
`
`
`40
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 42 of 122 PageID #:
`1242
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`“Light emitting diodes (LEDs) are a general source of continuous light with a high luminescence efficiency,
`and are based on the general properties of a simple twin-element semiconductor diode encased in a clear
`epoxy dome that acts as a lens.” Source: https://www.olympus-lifescience.com/en/microscope-
`resource/primer/java/leds/basicoperation/
`
`
`
`Source: https://www.olympus-lifescience.com/en/microscope-resource/primer/java/leds/basicoperation/
`
`
`
`Ex. 12
`
`
`
`
`
`41
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 43 of 122 PageID #:
`1243
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lens
`
`Ex. 12
`
`
`
`
`
`42
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 44 of 122 PageID #:
`1244
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`Source: Maxim Integrated, Application Note 6846, “Guidelines for the Opto-Mechanical Integration of
`Heart-Rate Monitors in Wearable Wrist Devices,” available at
`https://pdfserv.maximintegrated.com/en/an/AN6846.pdf.
`
`
`
`
`Ex. 12
`
`
`
`
`
`43
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 45 of 122 PageID #:
`1245
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`Patent documents assigned to and/or owned by Whoop also describe Whoop’s wearable devices comprising
`one or more lenses configured to receive at least a portion of the output optical light and to deliver a
`lens output light to tissue. For example:
`
`
`
`
`Ex. 12
`
`
`
`
`
`44
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 46 of 122 PageID #:
`1246
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`
`
`
`
`45
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 47 of 122 PageID #:
`1247
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`46
`
`
`
`Privileged and Confidential
`Attorney Work Product
`
`Ex. 12
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 48 of 122 PageID #:
`1248
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`47
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 49 of 122 PageID #:
`1249
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: US 10,799,162 at Abstract, FIGS. 1A-1D, FIG. 2A, FIGS. 4A-4B, 4:49-5:8, 5:16-21.
`
`See also US 10,092,228 at Abstract, FIGS. 1A-1D, FIG. 2A, FIGS 4-A-4B, 4:25-5:3, 5:11-16.
`
`The Accused Wearable Device of the Accused System comprises a detection system configured to
`receive at least a portion of the lens output light reflected from the tissue and to generate an output
`signal having a signal-to-noise ratio, either literally or under the doctrine of equivalents.
`
`For example, WHOOP 4.0 comprises hardware components such as photodiodes and an integrated analog
`front end (“AFE”) optical data acquisition and sensor module (e.g., MAX86171 manufactured by Analog
`Devices) (individually and/or collectively, “a detection system”). The AFE sensor module is configured to:
`(a) receive light initially output from LEDs that is reflected from tissue of a user (“receive at least a
`portion of the lens output light reflected from the tissue”), and (b) generate an output
`
`
`
`48
`
`Privileged and Confidential
`Attorney Work Product
`
`7[f] the wearable
`device further
`comprising a
`detection system
`configured to
`receive at least a
`portion of the lens
`output light reflected
`from the tissue and
`to generate an output
`
`Ex. 12
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 50 of 122 PageID #:
`1250
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`photoplethysmography (“PPG”) signal having a signal-to-noise ratio (“generate an output signal having a
`signal having a
`signal-to-noise ratio”).
`signal-to-noise ratio,
`
`
`
`
`
`
`
`
`Ex. 12
`
`
`
`
`
`49
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 51 of 122 PageID #:
`1251
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/chief-technology-officer-whoop-4-0-accuracy/.
`
`“WHOOP measures heart rate using advanced optical sensors with photoplethysmography (PPG)
`technology. It works by emitting green LED light into the skin, and then measuring the light that’s
`reflected back.” https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-
`heart-rate/.
`
`
`Ex. 12
`
`
`
`
`
`50
`
`Privileged and Confidential
`Attorney Work Product
`
`

`

`Case 1:25-cv-00140-JLH Document 1-12 Filed 02/03/25 Page 52 of 122 PageID #:
`1252
`U.S. Patent No. 12,193,790 (the “’790 Patent”)
` “Wearable devices comprising semiconductor diode light sources with improved signal-to-noise ratio”
`
`’790 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/metric-blood-oxygen-monitoring/