Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 1 of 98 PageID #: 565
`Case 1:25-cv-00140-JLH Document1-7
`Filed 02/03/25
`Page 1 of 98 PagelD #: 565
`
`EXHIBIT 7
`
`EXHIBIT 7
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 2 of 98 PageID #: 566
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`7[pre] A diagnostic
`Without conceding that the preamble of Claim 7 is limiting, Whoop Inc. (“Whoop”) has made, used, offered
`system comprising:
`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 diagnostic systems, either literally or under the doctrine of equivalents.
`
`For example, Whoop provides a system including WHOOP 4.0 that is a diagnostic system configured to
`measure various physiological parameters of a user, such as heart rate, blood oxygen level, temperature,
`and respiratory rate. WHOOP 4.0 connects to an Accused Phone/Tablet via Bluetooth to sync data
`corresponding to measured physiological parameters. After downloading the Whoop App on an Accused
`Phone/Tablet and completing the initial Bluetooth pairing, WHOOP 4.0 transfers measured health data to
`the app whenever in range to the Accused 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”), a smartphone or tablet (an “Accused Phone/Tablet”), and a cloud, which collectively provide a
`diagnostic system capable of measuring and generating physiological information associated with a user. Smart phones and tablets
`from various manufacturers, such as Samsung, Apple, and OnePlus, and clouds provided by others, such as Strava and dbt Labs, may
`also be used as part of the Accused System. WHOOP 4.0 and various mobile devices are charted here as representative of the Accused
`System and should not be understood to be limiting. 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. 7
`
`
`
`
`1
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 3 of 98 PageID #: 567
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`2
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 4 of 98 PageID #: 568
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`
`
`
`Ex. 7
`
`
`
`
`3
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 5 of 98 PageID #: 569
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://join.whoop.com/us/en/membership/.
`
`
`
`
`Ex. 7
`
`
`
`
`4
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 6 of 98 PageID #: 570
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`5
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 7 of 98 PageID #: 571
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 7
`
`
`
`
`6
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 8 of 98 PageID #: 572
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 7
`
`
`
`
`7
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 9 of 98 PageID #: 573
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`Source: https://support.whoop.com/s/article/WHOOP-App-Minimum-Software-
`Requirements?language=en_US.
`
`
`Ex. 7
`
`
`
`
`8
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 10 of 98 PageID #: 574
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`9
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 11 of 98 PageID #: 575
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`10
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 12 of 98 PageID #: 576
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`11
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 13 of 98 PageID #: 577
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=pj5VWkAgyME&t=2s.
`
`The Accused System comprises a light source comprising: one or more semiconductor diodes generating
`an input light beam, either literally or under the doctrine of equivalents.
`
`For example, the Accused Wearable Device includes a combination of LEDs (“light source”), comprising a
`green LED, a red LED, and an infrared LED (“one or more semiconductor diodes”). These LEDs generate
`light (“an input light beam”).
`
`
`
`
`7[a] a light source
`comprising: one or
`more semiconductor
`diodes generating an
`input light beam;
`and
`
`
`Ex. 7
`
`
`
`
`12
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 14 of 98 PageID #: 578
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`
`
`Ex. 7
`
`
`
`
`13
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 15 of 98 PageID #: 579
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`Ex. 7
`
`
`
`
`14
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 16 of 98 PageID #: 580
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/difference/.
`
`
`
`
`Ex. 7
`
`
`
`
`15
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 17 of 98 PageID #: 581
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`16
`
`
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 18 of 98 PageID #: 582
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`17
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 19 of 98 PageID #: 583
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`“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/.
`
`
`Ex. 7
`
`
`
`
`18
`
`’868 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 20 of 98 PageID #: 584
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`“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/
`
`The Accused System comprises a lens system configured to receive at least a portion of the input light
`beam and to communicate at least the portion of the input light beam onto a part of a user's body
`comprising blood, wherein at least the portion of the input light beam is used in a measurement on a
`user, literally or under the doctrine of equivalents.
`
`For example, the Accused Wearable Device is configured with lenses to receive the LED light (“input
`light beam”) and communicate it onto body tissue (“user’s body comprising blood”) on the user’s wrist
`(e.g., skin, blood vessels, veins).
`
`
`7[b] a lens system
`configured to
`receive at least a
`portion of the input
`light beam and to
`communicate at least
`the portion of the
`input light beam
`onto a part of a
`user's body
`comprising blood,
`wherein at least the
`portion of the input
`light beam is used in
`a measurement on a
`user;
`
`Ex. 7
`
`
`
`
`19
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 21 of 98 PageID #: 585
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`20
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 22 of 98 PageID #: 586
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 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. 7
`
`
`
`
`21
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 23 of 98 PageID #: 587
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 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. 7
`
`
`
`
`22
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 24 of 98 PageID #: 588
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.techinsights.com/products/ddt-2111-806.
`
`
`
`
`Maxim Integrated MAX86171
`
`Source: Product Teardown (WHOOP 4.0)
`
`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 light
`
`23
`
`’868 Patent – Whoop
`
`
`
`Ex. 7
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 25 of 98 PageID #: 589
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`from the LED and delivers the light to the skin (and underlying tissue) on the user’s wrist. WHOOP 4.0
`further includes a material covering the array of LEDs, which is a lens that receives output 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 (e.g., epoxy lens, flat lens), which is a lens that receives output 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. 7
`
`
`
`
`24
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 26 of 98 PageID #: 590
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`25
`
`
`
`
`
`’868 Patent – Whoop
`
`
`
`Ex. 7
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 27 of 98 PageID #: 591
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`26
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 28 of 98 PageID #: 592
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 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. 7
`
`
`
`
`27
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 29 of 98 PageID #: 593
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`Source: https://www.tralert.com/en/lighting-terms/led-lens/
`
`
`Ex. 7
`
`
`
`
`28
`
`’868 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 30 of 98 PageID #: 594
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 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. 7
`
`
`
`
`29
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 31 of 98 PageID #: 595
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`
`Lens
`
`Ex. 7
`
`
`
`
`30
`
`’868 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 32 of 98 PageID #: 596
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 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. 7
`
`
`
`
`31
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 33 of 98 PageID #: 597
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`The Accused System comprises a software application capable of generating data based at least in part
`on the measurement on the user, wherein the data represents at least in part physiological information
`associated with the user, literally or under the doctrine of equivalents.
`
`For example, the Accused System comprises software applications such as the Whoop App, which is capable
`of generating data based on physiological information (e.g., heart rate, blood oxygen, temperature, etc.)
`measured from a user.
`
`
`32
`
`’868 Patent – Whoop
`
`7[c] a software
`application capable
`of generating data
`based at least in part
`on the measurement
`on the user, wherein
`the data represents at
`least in part
`physiological
`information
`associated with the
`user;
`
`Ex. 7
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 34 of 98 PageID #: 598
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`33
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 35 of 98 PageID #: 599
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`
`
`
`Ex. 7
`
`
`
`
`34
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 36 of 98 PageID #: 600
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://join.whoop.com/us/en/membership/.
`
`
`
`
`Ex. 7
`
`
`
`
`35
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 37 of 98 PageID #: 601
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`36
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 38 of 98 PageID #: 602
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 7
`
`
`
`
`37
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 39 of 98 PageID #: 603
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 7
`
`
`
`
`38
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 40 of 98 PageID #: 604
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`Source: https://support.whoop.com/s/article/WHOOP-App-Minimum-Software-
`Requirements?language=en_US.
`
`
`Ex. 7
`
`
`
`
`39
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 41 of 98 PageID #: 605
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`40
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 42 of 98 PageID #: 606
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`41
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 43 of 98 PageID #: 607
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`42
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 44 of 98 PageID #: 608
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=pj5VWkAgyME&t=2s.
`
`The Accused System comprises a software application capable of operating on a control system adapted
`to receive, store and process at least a portion of the physiological information, literally or under the
`doctrine of equivalents.
`
`For example, the Whoop App (“software application”) is capable of operating on a smart phone/tablet
`(“control system”) connected to the Accused Wearable Device which receives, stores, and processes
`biometric data such as heart rate, blood oxygen levels (SpO2), and other vital signs of the user.
`
`
`
`43
`
`’868 Patent – Whoop
`
`7[d] the software
`application capable
`of operating on a
`control system
`adapted to receive,
`store and process at
`least a portion of the
`physiological
`information,
`
`Ex. 7
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 45 of 98 PageID #: 609
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`“Once your WHOOP is synced to your mobile device with cellular service or a Wi-Fi connection, it will
`process the recorded data. If your WHOOP cannot sync with the app before its 2-week data capacity is
`met, the oldest data will be abandoned to make room for more current data.”
`
`44
`
`’868 Patent – Whoop
`
`
`
`Ex. 7
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 46 of 98 PageID #: 610
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`https://support.whoop.com/s/article/WHOOP-4-0-iOS-Connectivity-and-
`Pairing?language=en_US#:~:text=In%20the%20WHOOP%20app%2C%20navigate,Pairing%20Request%2
`0on%20the%20screen.
`
`
`
`
`Ex. 7
`
`
`
`
`45
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 47 of 98 PageID #: 611
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`46
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 48 of 98 PageID #: 612
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`47
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 49 of 98 PageID #: 613
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.youtube.com/watch?v=pj5VWkAgyME&t=2s.
`
`
`
`
`Ex. 7
`
`
`
`
`48
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 50 of 98 PageID #: 614
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://play.google.com/store/apps/details?id=com.whoop.android.
`
`
`
`
`Ex. 7
`
`
`
`
`49
`
`
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 51 of 98 PageID #: 615
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/chief-technology-officer-whoop-4-0-accuracy/.
`
`
`
`50
`
`’868 Patent – Whoop
`
`Ex. 7
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 52 of 98 PageID #: 616
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`“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/.
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/metric-blood-oxygen-monitoring/.
`
`
`
`
`Ex. 7
`
`
`
`
`51
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 53 of 98 PageID #: 617
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.techinsights.com/products/ddt-2111-806.
`
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`52
`
`Ex. 7
`
`
`
`Maxim Integrated MAX86171
`
`
`
`’868 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 54 of 98 PageID #: 618
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`The sensor in WHOOP 4.0—e.g., MAX86171—includes photodiodes to receive the LED light reflected
`from the user’s skin (and underlying body tissues) and is configured to generate a PPG output signal from
`the reflected light.
`
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`53
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 55 of 98 PageID #: 619
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`54
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 56 of 98 PageID #: 620
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`
`
`55
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 57 of 98 PageID #: 621
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Ex. 7
`
`
`
`
`56
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 58 of 98 PageID #: 622
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: Analog Devices, “MAX86171: Low-Noise AFE for Pulse Oximeter and Heart Rate Monitor Data
`Sheet,” Rev.2, Mar. 24, 2022, at 1, 2, 16, 30, 32, available at https://www.analog.com/media/en/technical-
`documentation/data-sheets/MAX86171.pdf.
`
`
`
`Ex. 7
`
`
`
`
`57
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 59 of 98 PageID #: 623
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`The Accused System comprises a software application capable of operating on a control system, the
`control system having a touch-screen, circuitry for obtaining position information from a location
`sensor, and a wireless transceiver to transmit wireless data over a wireless link, the wireless data
`
`
`58
`
`’868 Patent – Whoop
`
`7[e] the control
`system having a
`touch-screen,
`
`Ex. 7
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 60 of 98 PageID #: 624
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`comprising at least a part of the physiological information, wherein the control system is further
`circuitry for
`capable of receiving voice input signals and manually entered input signals, literally or under the
`obtaining position
`information from a
`doctrine of equivalents.
`location sensor, and
`
`For example, the Whoop App (“software application”) is capable of operating on an Accused Phone/Tablet
`a wireless
`(“control system”).
`transceiver to
`transmit wireless
`
`data over a wireless
`link, the wireless
`data comprising at
`least a part of the
`physiological
`information,
`wherein the control
`system is further
`capable of receiving
`voice input signals
`and manually
`entered input
`signals; and
`
`Ex. 7
`
`
`
`
`59
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 61 of 98 PageID #: 625
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`
`
`
`
`
`60
`
`Ex. 7
`
`
`
`
`
`’868 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 62 of 98 PageID #: 626
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`“Overview
`Reference this article to determine if WHOOP is compatible with your mobile device. For support with
`pairing your WHOOP to your mobile device, see WHOOP Sensor Pairing Guide.
`
`To begin
`Install the WHOOP app on your Android or iOS device to utilize WHOOP products and services. To
`ensure compatibility, make sure your device is running at least Bluetooth version 4.2 on Android OS 10.0 or
`higher, or iOS 16 or higher. Android devices must natively support the Google Play Store.”
`Source: https://support.whoop.com/s/article/WHOOP-App-Minimum-Software-
`Requirements?language=en_US.
`
`
`
`
`Ex. 7
`
`
`
`
`61
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 63 of 98 PageID #: 627
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://play.google.com/store/apps/details?id=com.whoop.android&hl=en_US.
`
`
`
`
`Ex. 7
`
`
`
`
`62
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 64 of 98 PageID #: 628
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`
`Ex. 7
`
`
`
`
`63
`
`’868 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-7 Filed 02/03/25 Page 65 of 98 PageID #: 629
`U.S. Patent No. 9,055,868 (the “’868 Patent”)
`“System and method for voice control of medical devices”
`
`’868 Patent Claim Whoop Accused System1
`
`
`
`
`Source: https://apps.apple.com/us/app/whoop-performance-optimization/id9339