`
`CERTAIN LIGHT-BASED
`PHYSIOLOGICAL MEASUREMENT
`DEVICES AND COMPONENTS
`THEREOF
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`
`
`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
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`
`
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` Inv. No. 337-TA-1276
`
`
`ORDER NO. 54: GRANTING RESPONDENT’S MOTION FOR LEAVE TO FILE A
`CORRECTED POST-HEARING BRIEF
`
`
`
`(July 14, 2022)
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`On July 7, 2022, Respondent Apple Inc. (“Apple”) filed a motion (1276-053) for leave to
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`file a corrected version of its initial post-hearing brief, attached as Exhibit B to the motion. On
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`July 7, 2022, Complainants Masimo Corporation and Cercacor Laboratories, Inc. (collectively,
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`“Masimo”) filed a response to the motion that did not oppose the proposed corrections but
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`identified other issues with Apple’s post-hearing brief.
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`Apple’s motion seeks to correct several citations to exhibit numbers in its initial post-
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`hearing brief that were the result of typographical errors and other inadvertent mistakes. Masimo
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`does not oppose any of these corrections.1 Masimo opposes the filing of Apple’s corrected
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`initial post-hearing brief, however, because the brief does not include a word count certification
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`and attaches an Appendix A, which Masimo has moved to strike. Masimo Resp. at 1 (citing
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`Masimo’s Motion to Strike, Docket No. 1276-052).
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`None of the issues raised in Masimo’s opposition are related to the corrections identified
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`in Apple’s motion. Masimo’s arguments regarding the word limit are moot in view of Apple’s
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`1 Masimo had first identified these errors when reviewing Apple’s initial post-hearing brief and requested
`that Apple make these corrections. See Masimo Response, Exhibit 1 at 9-10.
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`
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`reply post-hearing brief, which provides a word count certification that includes Apple’s
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`Appendix A. See EDIS Doc. ID 775073 at 176 (Jul. 11, 2022). Masimo’s arguments regarding
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`the content of Appendix A will be addressed in the context of the pending motion to strike.
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`Accordingly, because there is no opposition to the corrections, Apple’s motion (1276-
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`053) is hereby GRANTED, and the corrected brief attached to the motion as Exhibit B shall be
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`accepted as Apple’s corrected post-hearing brief.
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`SO ORDERED.
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`___________________________________
`Monica Bhattacharyya
`Administrative Law Judge
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`- 2 -
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`
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