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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`Inv. No. 337-TA-1276
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`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW
`AN INITIAL DETERMINATION EXTENDING THE TARGET DATE
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` U.S. International Trade Commission.
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`Notice.
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`AGENCY:
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission has
`determined not to review the presiding administrative law judge’s (“ALJ”) initial determination
`(“ID”) (Order No. 59) extending the target date for completion of the above-captioned
`investigation to April 19, 2023.
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`FOR FURTHER INFORMATION CONTACT: Cathy Chen, Office of the General Counsel,
`U.S. International Trade Commission, 500 E Street SW, Washington, D.C. 20436, telephone
`202-205-2392. 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, CA. 86 FR 46275 (Aug. 18, 2021). The complaint, as
`amended, alleges 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 Nos.
`10,912,501; 10,912,502; 10,945,648; 10,687,745; and 7,761,127. Id. The amended complaint
`further alleges that an industry in the United States exists and/or is in the process of being
`established as required by the applicable Federal Statute. Id. The notice of investigation named
`Apple Inc. of Cupertino, CA as a respondent. Id. at 46276. The Office of Unfair Import
`Investigations is not participating in this investigation. Id.
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`On October 24, 2022, the ALJ issued the subject ID (Order No. 59) extending the target
`date by approximately seven weeks to April 19, 2023. Based on this target date, the deadline for
`issuing the final ID is December 19, 2022. The ID states that good cause exists to extend the
`target date because of the complexity of this investigation, the consideration of post-hearing
`motions in this investigation, and the ALJ’s obligations in other investigations. See Order No. 59
`at 1-2. No petitions for review were filed.
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`The Commission has determined not to review the subject ID. The target date is now
`April 19, 2023.
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`The Commission vote for this determination took place on November 10, 2022.
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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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`Issued: November 10, 2022
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` Katherine M. Hiner
`Acting Secretary to the Commission
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