Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 1 of 117 PageID #: 663
`Case 1:25-cv-00140-JLH Document1-8
`Filed 02/03/25
`Page 1 of 117 PagelD #: 663
`
`EXHIBIT 8
`
`EXHIBIT 8
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 2 of 117 PageID #: 664
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`5[pre] A
`Whoop Inc. (“Whoop”) has made, used, offered to sell, sold in the United States, and/or has imported into
`measurement system
`the United States, and/or, continues to make, use, offer to sell, and sell within the United States, and/or
`comprising:
`import into the United States, Accused Systems that are measurement systems—e.g., for measuring one or
`more physiological parameters of a user, 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 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 health features of the Accused
`Wearable Device.
`
`
`
`1 Whoop infringes multiple claims of the ’533 Patent, including at least Claims 11 and 12. Claims 11 and 12 depend on independent
`Claim 5. Accordingly, Claim 5 is provided in this chart to show exemplary evidence of Whoop’s infringement of the limitations of
`Claim 5, which are included in Claims 11 and 12.
`2 The Accused System includes a Whoop fitness tracker device, such as WHOOP 1.0, WHOOP 2.0, WHOOP 3.0, and WHOOP 4.0
`(each an “Accused Wearable Device”); an iOS or Android OS smartphone or tablet (an “Accused Phone/Tablet”), and a cloud, which
`collectively provide a system for measuring one or more physiological parameters of 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. The WHOOP 4.0 and various iOS and Android OS 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. 8
`
`
`
`
`1
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 3 of 117 PageID #: 665
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 8
`
`
`
`
`2
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 4 of 117 PageID #: 666
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/.
`
`
`
`
`Ex. 8
`
`
`
`
`3
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 5 of 117 PageID #: 667
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://join.whoop.com/us/en/membership/.
`
`
`
`
`Ex. 8
`
`
`
`
`4
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 6 of 117 PageID #: 668
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 8
`
`
`
`
`5
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 7 of 117 PageID #: 669
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 8
`
`
`
`
`6
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 8 of 117 PageID #: 670
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`Ex. 8
`
`
`
`
`7
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 9 of 117 PageID #: 671
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`
`Source: https://support.whoop.com/s/article/WHOOP-App-Minimum-Software-
`Requirements?language=en_US.
`
`
`Ex. 8
`
`
`
`
`8
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 10 of 117 PageID #:
`672
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`9
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 11 of 117 PageID #:
`673
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`10
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 12 of 117 PageID #:
`674
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`11
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 13 of 117 PageID #:
`675
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`Source: https://www.youtube.com/watch?v=pj5VWkAgyME&t=2s.
`
`
`
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`12
`
`’533 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 14 of 117 PageID #:
`676
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`5[a] a light source
`The Accused System comprises a light source comprising a plurality of semiconductor sources that are
`light emitting diodes, the light emitting diodes configured to generate an output optical beam with one
`comprising a
`or more optical wavelengths, wherein at least a portion of the one or more optical wavelengths is a near-
`plurality of
`infrared wavelength between 700 nanometers and 2500 nanometers, either literally or under the doctrine
`semiconductor
`sources that are light
`of equivalents.
`
`emitting diodes, the
`For example, the Accused Wearable Device is equipped with light-emitting diodes (LEDs) (“light source
`light emitting diodes
`comprising a plurality of semiconductor sources”). These LEDs are configured to generate an output
`configured to
`optical beam with one or more optical wavelengths, where distinct optical wavelengths are associated with
`generate an output
`optical beam with
`different colors (e.g., green and red light). Additionally, at least a portion of the emitted light has an optical
`wavelength that is near-infrared falling between 700 nanometers and 2500 nanometers—e.g., between
`one or more optical
`wavelengths,
`about 800nm and 940nm.
`wherein at least a
`
`portion of the one or
`more optical
`wavelengths is a
`near-infrared
`wavelength between
`700 nanometers and
`2500 nanometers,
`
`Ex. 8
`
`
`
`
`13
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 15 of 117 PageID #:
`677
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`
`
`Ex. 8
`
`
`
`
`14
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 16 of 117 PageID #:
`678
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`Ex. 8
`
`
`
`
`15
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 17 of 117 PageID #:
`679
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/difference/.
`
`
`
`
`Ex. 8
`
`
`
`
`16
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 18 of 117 PageID #:
`680
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/measure-normal-blood-oxygen-levels/.
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`17
`
`
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 19 of 117 PageID #:
`681
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`18
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 20 of 117 PageID #:
`682
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`
`Ex. 8
`
`
`
`
`19
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 21 of 117 PageID #:
`683
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.youtube.com/watch?v=rlEsoMy-l4w.
`
`
`
`
`Ex. 8
`
`
`
`
`20
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 22 of 117 PageID #:
`684
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`21
`
`’533 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 23 of 117 PageID #:
`685
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`“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. 8
`
`
`
`
`22
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 24 of 117 PageID #:
`686
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.photonics.com/Articles/Light-Emitting_Diodes_A_Primer/a36706.
`
`The Accused System comprises a light source configured to increase signal-to-noise ratio by increasing
`a light intensity from at least one of the plurality of semiconductor sources and by increasing a pulse
`rate of at least one of the plurality of semiconductor sources, either literally or under the doctrine of
`equivalents.
`
`
`
`
`
`23
`
`’533 Patent – Whoop
`
`5[b] the light source
`configured to
`increase signal-to-
`noise ratio by
`increasing a light
`intensity from at
`
`Ex. 8
`
`
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 25 of 117 PageID #:
`687
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`For example, WHOOP 4.0 increases the signal-to-noise ratio (“SNR”) of the PPG signal received from
`least one of the
`plurality of
`the AFE optical sensor module (e.g., MAX86171 chip). The AFE optical sensor module has a multiple SNR
`semiconductor
`values ranging from 84 dB to 91 dB corresponding to 32-128 mA LED current. To increase SNR, the sensor
`is configured to increase the LED current (“increasing a light intensity” of “one of the plurality of
`sources and by
`semiconductor sources”) and to increase the pulse repetition frequency (“PRF”) (“increasing a pulse
`increasing a pulse
`rate”) of the LEDs (“semiconductor sources”).
`rate of at least one of
`the plurality of
`
`semiconductor
`sources;
`
`
`
`Source: https://www.techinsights.com/products/ddt-2111-806.
`
`
`
`
`Ex. 8
`
`
`
`
`24
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 26 of 117 PageID #:
`688
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`
`Maxim Integrated MAX86171
`
`
`
`Ex. 8
`
`
`
`
`25
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 27 of 117 PageID #:
`689
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`26
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 28 of 117 PageID #:
`690
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`27
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 29 of 117 PageID #:
`691
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`28
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 30 of 117 PageID #:
`692
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`
`
`Ex. 8
`
`
`
`
`29
`
`
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 31 of 117 PageID #:
`693
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`30
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 32 of 117 PageID #:
`694
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`31
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 33 of 117 PageID #:
`695
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`Source: Analog Devices, “MAX86171: Low-Noise AFE for Pulse Oximeter and Heart Rate Monitor Data
`Sheet,” Rev.2, Mar. 24, 2022, at 1-4, 10, 15-18, 24-28, available at
`https://www.analog.com/media/en/technical-documentation/data-sheets/MAX86171.pdf.
`
`
`Ex. 8
`
`
`
`
`32
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 34 of 117 PageID #:
`696
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/a-look-behind-the-data-how-whoop-measures-heart-rate/.
`
`
`
`
`Ex. 8
`
`
`
`
`33
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 35 of 117 PageID #:
`697
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Patent documents assigned to and/or owned by Whoop also describe Whoop’s wearable devices being
`configured increase signal-to-noise ratio by increasing a light intensity from at least one of the
`plurality of semiconductor sources and by increasing a pulse rate of at least one of the plurality of
`semiconductor sources. For example:
`
`
`
`
`Ex. 8
`
`
`
`
`34
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 36 of 117 PageID #:
`698
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`Ex. 8
`
`
`
`
`35
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 37 of 117 PageID #:
`699
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`Source: US 10,799,162 at 9:1-21, 17:24-32.
`
`The Accused System comprises an apparatus comprising a plurality of lenses configured to receive a
`portion of the output optical beam and to deliver an analysis output beam to a sample, either literally or
`under the doctrine of equivalents.
`
`For example, the Accused Wearable Device (“apparatus”) comprises a plurality of lenses positioned
`between each LED and the wrist of a user when worn by the user. The lenses receive a portion of the
`output optical beam from the LEDs and deliver an analysis output beam to a sample of the user (e.g.,
`skin, blood vessels, veins).
`
`
`
`36
`
`’533 Patent – Whoop
`
`5[c] an apparatus
`comprising a
`plurality of lenses
`configured to
`receive a portion of
`the output optical
`beam and to deliver
`an analysis output
`beam to a sample
`
`Ex. 8
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 38 of 117 PageID #:
`700
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://discover.whoop.com/health-monitoring/.
`
`
`
`
`Ex. 8
`
`
`
`
`37
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 39 of 117 PageID #:
`701
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`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. 8
`
`
`
`
`38
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 40 of 117 PageID #:
`702
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`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. 8
`
`
`
`
`39
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 41 of 117 PageID #:
`703
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.techinsights.com/products/ddt-2111-806.
`
`
`
`
`Maxim Integrated MAX86171
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`
`
`Ex. 8
`
`
`
`
`40
`
`’533 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 42 of 117 PageID #:
`704
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`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 a portion of
`the output optical beam from the LED and delivers an analysis output beam to a skin sample (and
`underlying tissue) on the user’s wrist. WHOOP 4.0 further includes a material covering the array of LEDs
`(e.g., flat lens), which is a lens that receives a portion of the output optical beam from the LED and
`delivers an analysis output beam to a skin sample. WHOOP 4.0 further includes yet another material
`covering the array of LEDs and photodetectors (e.g., epoxy lens), which is a lens that receives a portion of
`the output optical beam from the LED and delivers an analysis output beam to a skin sample.
`
`
`
`
`
`
`
`
`
`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. 8
`
`
`
`
`41
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 43 of 117 PageID #:
`705
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`42
`
`
`
`
`
`’533 Patent – Whoop
`
`
`
`
`Ex. 8
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 44 of 117 PageID #:
`706
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`43
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 45 of 117 PageID #:
`707
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`(Above and below: Cross-section of LEDs)
`
`
`
`Lens
`
`
`Source: Product Teardown (WHOOP 4.0)
`
`
`
`Lens (e.g., flat lens) on each LED
`
`
`
`Ex. 8
`
`
`
`
`44
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 46 of 117 PageID #:
`708
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`Source: https://www.tralert.com/en/lighting-terms/led-lens/
`
`
`Ex. 8
`
`
`
`
`45
`
`’533 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 47 of 117 PageID #:
`709
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`“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. 8
`
`
`
`
`46
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 48 of 117 PageID #:
`710
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lens
`
`Ex. 8
`
`
`
`
`47
`
`’533 Patent – Whoop
`
`

`

`
`
`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 49 of 117 PageID #:
`711
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`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. 8
`
`
`
`
`48
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 50 of 117 PageID #:
`712
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.youtube.com/watch?v=cxVN6zSjWPc.
`
`Patent documents assigned to and/or owned by Whoop also describe Whoop’s wearable devices comprising
`a plurality of lenses configured to receive a portion of the output optical beam and to deliver an
`analysis output beam to a sample. For example:
`
`
`
`
`Ex. 8
`
`
`
`
`49
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 51 of 117 PageID #:
`713
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`50
`
`Ex. 8
`
`
`
`
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 52 of 117 PageID #:
`714
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`51
`
`
`
`’533 Patent – Whoop
`
`Ex. 8
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 53 of 117 PageID #:
`715
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`52
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 54 of 117 PageID #:
`716
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`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 System comprises a receiver configured to receive and process at least a portion of the
`analysis output beam reflected or transmitted from the sample and to generate an output signal, 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 receiver”). The AFE sensor module is configured to: (a)
`receive and process light initially output from LEDs that is reflected from tissue of a user (“receive and
`process at least a portion of the analysis output beam reflected or transmitted from the sample”), and
`(b) generate an output photoplethysmography (“PPG”) signal (“generate an output signal”).
`
`
`
`53
`
`’533 Patent – Whoop
`
`5[d] a receiver
`configured to
`receive and process
`at least a portion of
`the analysis output
`beam reflected or
`transmitted from the
`sample and to
`generate an output
`signal
`
`Ex. 8
`
`
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 55 of 117 PageID #:
`717
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`
`
`
`
`
`Ex. 8
`
`
`
`
`54
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 56 of 117 PageID #:
`718
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`
`
`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. 8
`
`
`
`
`55
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 57 of 117 PageID #:
`719
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor source based near infrared measurement device with improved signal-to-noise ratio”
`
`’533 Patent Claim1 Whoop Accused System2
`
`
`
`
`Source: https://www.whoop.com/us/en/thelocker/metric-blood-oxygen-monitoring/.
`
`
`
`
`Ex. 8
`
`
`
`
`56
`
`’533 Patent – Whoop
`
`

`

`Case 1:25-cv-00140-JLH Document 1-8 Filed 02/03/25 Page 58 of 117 PageID #:
`720
`U.S. Patent No. 9,651,533 (the “’533 Patent”)
`“Semiconductor