`WASHINGTON, D.C.
`
`In the Matter of
`
`CERTAIN LIGHT-BASED PHYSIOLOGICAL
`MEASUREMENT DEVICES AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1276
`
`RESPONDENT APPLE INC.’S REPORT PURSUANT TO SECTION V OF
`THE COMMISSION’S OCTOBER 26, 2023 CEASE AND DESIST ORDER
`
`Pursuant to Section V of the Cease and Desist Order (“CDO”) issued by the Commission
`
`on October 26, 2023 in the above-captioned Investigation, Respondent Apple Inc. (“Apple”)
`
`provides its report covering the period of October 26, 2023 to December 31, 2023 (“Reporting
`
`Period”).1
`
`The CDO defines “covered products” as “light-based physiological measurement devices
`
`and components thereof that infringe one or more of claims 22 and 28 of U.S. Patent No.
`
`10,912,502 and claims 12, 24, and 30 of U.S. Patent No. 10,945,648.” The CDO further explains
`
`that “[t]he light-based physiological measurement devices and components thereof subject to this
`
`order are as follows: wearable electronic devices with light-based pulse oximetry functionality
`
`and components thereof.”
`
`1 The “Reporting Period” includes the Presidential Review Period (which ran from October 27,
`2023 through December 25, 2023), during which Apple was permitted by Section IX of the CEO
`to continue importing and selling covered products. On December 27, 2023, the Federal Circuit
`entered an order staying the Commission’s remedial orders, which permitted Apple to resume
`importing and selling covered products through the end of the Reporting Period. All sales and
`imports of covered products during the Reporting Period occurred during the Presidential
`Review Period or after issuance of the Federal Circuit’s stay of the Commission’s remedial
`orders.
`
`- 1 -
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`PUBLIC VERSION
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`
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`
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`During the Reporting Period, the quantity in units and the value in dollars of “covered
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`products” that Apple has (i) imported during the Reporting Period is
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` units valued at
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` and (ii) sold and/or transferred in the United States after importation during the
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`Reporting Period is
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` units of “covered products” valued at
`
`. The
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`quantity in units and the value in dollars of “covered products” that remained in inventory in the
`
`United States at the end of the Reporting Period was
`
` units valued at
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`.2
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`2
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`- 2 -
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`PUBLIC VERSION
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`
`
`Dated: January 30, 2024
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`
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`Respectfully Submitted,
`
`/s/ Sarah R. Frazier
`Mark D. Selwyn
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`2600 El Camino Real
`Suite 400
`Palo Alto, CA 94306
`Telephone: (650) 858-6031
`
`Joseph J. Mueller
`Sarah R. Frazier
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`60 State Street
`Boston, MA 02109
`Telephone: (617) 526-6000
`
`David Cavanaugh
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`2100 Pennsylvania Ave., NW
`Washington, DC 20006
`Telephone: (202) 663-6000
`
`Counsel for Respondent Apple Inc.
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`- 3 -
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`PUBLIC VERSION
`
`
`
`CERTAIN LIGHT-BASED PHYSIOLOGICAL MEASUREMENT
`DEVICES AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1276
`
`CERTIFICATE OF SERVICE
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`I, Rebecca L. Middleton, hereby certify that true and correct copies of the foregoing, PUBLIC
`VERSION OF RESPONDENT APPLE INC.’S REPORT PURSUANT TO SECTION V
`OF THE COMMISSION’S OCTOBER 26, 2023 CEASE AND DESIST ORDER, have been
`filed and served on this 31st day of January 2024, on the following in the manner indicated:
`
` Via Electronic Filing
` Via Hand Delivery (2 Copies)
` Via Overnight Delivery
`
`
` Via Hand Delivery (2 Copies)
` Via Overnight Delivery
` Via Facsimile
` Via Electronic Mail
`edward.jou@usitc.gov
`
` Via Hand Delivery (2 Copies)
` Via Overnight Delivery
` Via Facsimile
` Via Electronic Mail
`masimo.appleitc@knobbe.com
`
`The Honorable Lisa R. Barton
`Secretary
`U.S. International Trade Commission
`500 E Street, S.W.
`Washington, DC 20436
`
`The Honorable Monica Bhattacharyya
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, S.W., Room 317
`Washington, DC 20436
`
`Stephen C. Jensen
`Joseph R. Re
`Sheila N. Swaroop
`Ted. M. Cannon
`Alan G. Laquer
`Kendall M. Loebbaka
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street
`Fourteenth Floor
`Irvine, CA 92614
`
`William R. Zimmerman
`Jonathan E. Bachand
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`1717 Pennsylvania Avenue N.W., Suite 900
`Washington, DC 20006
`
`Brian C. Horne
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`1925 Century Park East
`Suite 600
`Los Angeles, CA 90067
`Karl W. Kowalis
`
`
`
`
`
`Matthew S. Friedrichs
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`1155 Avenue of the Americas
`24th Floor
`New York, NY 10036
`
`Counsel for Complainants
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`/s/ Rebecca L. Middleton
`Rebecca L. Middleton
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