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.
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`NOTICE OF A COMMISSION DETERMINATION TO EXTEND THE TARGET DATE
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`AGENCY: U.S. International Trade Commission.
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`ACTION:
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined to extend the target date for the completion of this investigation
`from October 23, 2023, to October 26, 2023.
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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. 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, California as a respondent. Id. at 46276. The Office of Unfair Import
`Investigations is not participating in this investigation. Id.
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`On January 10, 2023, the presiding administrative law judge (“ALJ”) issued the final
`initial determination (“final ID”) in this investigation, and on January 24, 2023, the ALJ also
`issued a Recommended Determination on Remedy and Bonding should a violation be found in
`the above-captioned investigation.
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`On January 23, 2023, the parties each filed petitions for review of the final ID, and on
`January 31, 2023, the parties filed responses to the respective petitions.
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`On May 15, 2023, the Commission determined to review in part the final ID and
`requested briefing on certain issues under review and on remedy, the public interest, and
`bonding. See 88 FR 32243, 32243–46 (May 19, 2023).
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`The Commission has determined to extend the target date for the completion of this
`investigation from October 23, 2023, to October 26, 2023.
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`The Commission vote for this determination took place on October 23, 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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`Issued: October 23, 2023
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`Lisa R. Barton
`Secretary to the Commission
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