`
`Washington, D.C.
`
`
`
`
` Inv. No. 337-TA-1276
`
`
`NOTICE OF FINAL INITIAL DETERMINATION ON VIOLATION OF SECTION 337
`
`(January 10, 2023)
`
`On this date, the undersigned issued an initial determination on violation of section 337
`
`In the Matter of
`
`CERTAIN LIGHT-BASED
`PHYSIOLOGICAL MEASUREMENT
`DEVICES AND COMPONENTS
`THEREOF
`
`
`
`
`
`
`
`
`in the above-captioned matter.1,2 For the reasons discussed therein, it is the undersigned’s final
`
`initial determination that there has been a violation of section 337 of the Tariff Act of 1930, as
`
`amended, 19 U.S.C. § 1337, in the importation into the United States, the sale for importation,
`
`and/or the sale within the United States after importation of certain wearable electronic devices
`
`with light-based pulse oximetry functionality and components thereof by reason of infringement
`
`of claims 24 and 30 of U.S. Patent No. 10,945,648 (“the ’648 patent”). There has been no
`
`violation of the statute with respect to the asserted 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. 10,687,745 (“the
`
`’745 patent”), or U.S. Patent No. 7,761,127 (“the ’127 patent”). This determination is based on
`
`the following conclusions of law:
`
`1. The Commission has subject matter jurisdiction over this investigation.
`
`
`1 The determination has been issued with a confidential designation. A public version shall issue within
`30 days, or in the time necessary to identify and redact the confidential business information therein,
`pursuant to Commission Rule 210.5(f). 19 C.F.R. § 210.5(f).
`
`2 Pursuant to Commission Rule 210.42(a)(1)(ii), a recommended determination on remedy, bonding, and
`the public interest will issue within 14 days of this initial determination. 19 C.F.R. § 210.42(a)(1)(ii).
`
`
`
`2. The Accused Products have been imported into the United States, sold for importation,
`and/or sold within the United States after importation.
`
`3. The Commission has in rem jurisdiction over the Accused Products.
`
`4. The Accused Products infringe claim 12 of the ’501 patent, claims 22 and 28 of the ’502
`patent, and claims 12, 24, and 30 of the ’648 patent.
`
`5. The technical prong of the domestic industry requirement has been satisfied for claim 12
`of the ’501 patent, claim 28 of the ’502 patent, and claims 12, 24, and 30 of the ’648
`patent.
`
`6. Claim 12 of the ’501 patent, claim 28 of the ’502 patent, and claim 12 of the ’648 patent
`are invalid.
`
`7. The ’501 patent, ’502 patent, and ’648 patent have not been shown to be unenforceable.
`
`8. The economic prong of the domestic industry requirement has been satisfied with respect
`to the ’501 patent, the ’502 patent, and the ’648 patent.
`
`9. The Accused Products have not been shown to infringe claims 9 or 27 of the ’745 patent.
`
`10. The technical prong of the domestic industry requirement has been satisfied for claim 18
`of the ’745 patent.
`
`11. Claims 9, 18, and 27 of the ’745 patent have not been shown to be invalid.
`
`12. The ’745 patent has not been shown to be unenforceable.
`
`13. The economic prong of the domestic industry requirement has been satisfied with respect
`to the ’745 patent.
`
`14. The Accused Products have not been shown to infringe claim 9 of the ’127 patent.
`
`15. The technical prong of the domestic industry requirement has been satisfied for claim 9
`of the ’127 patent.
`
`16. Claim 9 of the ’127 patent has not been shown to be invalid.
`
`17. The economic prong of the domestic industry requirement has not been satisfied with
`respect to the ’127 patent.
`
`SO ORDERED.
`
`
`
`
`
`___________________________________
`Monica Bhattacharyya
`Administrative Law Judge
`
`- 2 -
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
