UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN LIGHT-BASED
`PHYSIOLOGICAL MEASUREMENT
`DEVICES AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-1276
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`NOTICE OF COMMISSION DECISION TO DENY RESPONDENT’S MOTION TO
`STAY REMEDIAL ORDERS PENDING APPEAL AND/OR IN LIGHT OF POTENTIAL
`GOVERNMENT SHUTDOWN
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`AGENCY: U.S. International Trade Commission.
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`ACTION:
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`Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined to deny the respondent’s motion to stay remedial orders pending
`appeal and/or in light of potential government shutdown.
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`FOR FURTHER INFORMATION CONTACT: Ronald A. Traud, Esq., Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street S.W., Washington, D.C. 20436,
`telephone (202) 205-3427. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal on (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on
`August 18, 2021, based on a complaint filed on behalf of Masimo Corporation and Cercacor
`Laboratories, Inc., both of Irvine, California (collectively, “Complainants”). 86 FR 46275 (Aug.
`18, 2021). The complaint, as amended, alleged violations of section 337 of the Tariff Act of
`1930, as amended, 19 U.S.C. 1337, based upon the importation into the United States, the sale
`for importation, and the sale within the United States after importation of certain light-based
`physiological measurement devices and components thereof by reason of infringement of certain
`claims of U.S. Patent No. 10,912,501 (“the ’501 patent”); U.S. Patent No. 10,912,502 (“the ’502
`patent”); U.S. Patent No. 10,945,648 (“the ’648 patent”); U.S. Patent No. 10,687,745 (“the ’745
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`patent”); and U.S. Patent No. 7,761,127 (“the ’127 patent”). Id. The amended complaint further
`alleged that an industry in the United States exists and/or is in the process of being established as
`required by section 337. Id. The notice of investigation named Apple Inc. of Cupertino,
`California (“Apple”) as the sole respondent. Id. at 46276. The Office of Unfair Import
`Investigations did not participate in this investigation. Id.
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`Before the presiding administrative law judge (“ALJ”) issued the final initial
`determination (“Final ID”), Complainants withdrew from the investigation certain asserted
`patent claims. See Order No. 25 (Mar. 23, 2022), unreviewed by Comm’n Notice (Apr. 12,
`2022); Order No. 33 (May 20, 2022), unreviewed by Comm’n Notice (June 10, 2022). At the
`time of the Final ID, only claim 12 of the ’501 patent, claims 22 and 28 of the ’502 patent,
`claims 12, 24, and 30 of the ’648 patent, claims 9, 18, and 27 of the ’745 patent, and claim 9 of
`the ’127 patent remained in the investigation. Claim 18 of the ’745 patent remained at issue for
`purposes of the domestic industry only.
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`On January 10, 2023, the ALJ issued the Final ID, which found that Apple violated
`section 337 as to claims 24 and 30 of the ’648 patent, but not as to claim 12 of the ’501 patent,
`claims 22 and 28 of the ’502 patent, claim 12 of the ’648 patent, claims 9 and 27 of the ’745
`patent, and claim 9 of the ’127 patent. See Final ID at 335–36.
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`On May 15, 2023, the Commission determined to review the Final ID in part. See 88 FR
`32243, 32243–46 (May 19, 2023). The Commission requested briefing on certain issues under
`review and on remedy, the public interest, and bonding. See id.
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`On October 26, 2023, the Commission issued its final determination in this investigation,
`finding Apple in violation of section 337 as to only claims 22 and 28 of the ’502 patent and
`claims 12, 24, and 30 of the ’648 patent. 88 FR 75032, 75032–33 (Nov. 1, 2023). The
`Commission issued: (1) a limited exclusion order prohibiting the importation of light-based
`physiological measurement devices and components thereof that infringe one or more of claims
`22 and 28 of the ’502 patent and claims 12, 24, and 30 of the ’648 patent; and (2) a cease and
`desist order directed to Apple. Id. The Commission determined that the public interest factors
`did not preclude issuance of the limited exclusion order or the cease and desist order. Id. The
`Commission further determined that no bond was to be required during the period of Presidential
`review. See id.; 19 U.S.C. 1337(j)(3).
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`On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist
`orders pending appeal and/or in light of a potential government shutdown. On November 9,
`2023, Complainants filed an opposition to Apple’s motion. On November 20, 2023,
`Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for
`Masimo W1 Watch requesting that the Commission consider certain documents in making its
`decision on Apple’s motion.
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`For the reasons discussed in the Commission Opinion issued concurrently herewith, the
`Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal
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`and/or in light of a potential government shutdown, and it has done so without reliance on the
`materials of which Complainants requested the Commission take judicial notice.
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`The Commission vote for this determination took place on December 20, 2023.
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`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of
`Practice and Procedure (19 CFR Part 210).
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`By order of the Commission.
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`Lisa R. Barton
`Secretary to the Commission
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`Issued: December 20, 2023
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