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`Apple, Inc. v. Masimo Corp.
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`Brian Anthony, Ph.D.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
` APPLE INC.,
`
`))
`
`Petitioner, )
`) Case IPR2020-01523
`-against- ) U.S. Patent
`) 8,457,703
` MASIMO CORPORATION, )
`)
`Patent Owner. )
`__________________________________)
`
`VIDEO-RECORDED DEPOSITION OF
`BRIAN W. ANTHONY, PH.D.
`Zoom Recorded Videoconference
`07/07/2021
`1:03 p.m. (EDT)
`
`REPORTED BY: AMANDA GORRONO, CLR
`CLR NO. 052005-01
`
`______________________________________________________
`DIGITAL EVIDENCE GROUP
`1730 M Street, NW, Suite 812
`Washington, D.C. 20036
`(202) 232-0646
`
`MASIMO 2006
`Apple v. Masimo
`IPR2020-01524
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2021
`
`202-232-0646
`
`
`
`Apple, Inc. v. Masimo Corp.
`
`Brian Anthony, Ph.D.
`
`Page 1
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
` APPLE INC.,
`
`))
`
`Petitioner, )
`) Case IPR2020-01523
`-against- ) U.S. Patent
`) 8,457,703
` MASIMO CORPORATION, )
`)
`Patent Owner. )
`__________________________________)
`
`VIDEO-RECORDED DEPOSITION OF
`BRIAN W. ANTHONY, PH.D.
`Zoom Recorded Videoconference
`07/07/2021
`1:03 p.m. (EDT)
`
`REPORTED BY: AMANDA GORRONO, CLR
`CLR NO. 052005-01
`
`______________________________________________________
`DIGITAL EVIDENCE GROUP
`1730 M Street, NW, Suite 812
`Washington, D.C. 20036
`(202) 232-0646
`
`MASIMO 2006
`Apple v. Masimo
`IPR2020-01524
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2021
`
`202-232-0646
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`Apple, Inc. v. Masimo Corp.
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`Brian Anthony, Ph.D.
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`Page 2
` 07/07/2021
` 1:03 p.m. (EDT)
`
` VIDEO-RECORDED DEPOSITION OF BRIAN W. ANTHONY,
`Ph.D., held virtually via Zoom Videoconferencing,
`before Amanda Gorrono, Certified Live Note Reporter,
`and Notary Public of the State of New York.
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`Brian Anthony, Ph.D.
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`Page 3
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`A P P E A R A N C E S
`(Via Zoom Videoconferencing):
`ON BEHALF OF PLAINTIFF APPLE INC.:
` Dan Smith, Esquire
` Fish & Richardson
` 1717 Main Street
` Suite 5000
` Dallas, Texas 75201
` PHONE: 214-292-4071
` E-MAIL: Dsmith@fr.com
` -AND-
` Kim Leung, Esquire
` Fish & Richardson
` 12860 El Camino Real
` Suite 400
` San Diego, CA 92130
` PHONE: 858-678-4713
` E-MAIL: Leung@fr.com
`ON BEHALF OF DEFENDANT MASIMO CORPORATION:
` Joshua Stowell, Esquire
` Knobbe Martens
` 2040 Main Street
` Irvine, CA 92614
` PHONE: 949-760-0404
` E-MAIL: Joshua.stowell@knobbe.com
` -AND-
` Jacob Peterson, Esquire
` Knobbe Martens
` 925 4th Ave #2500
` Seattle, WA 98104
` PHONE: 206-405-2000
` E-MAIL: Jacob.peterson@knobbe.com
`ALSO PRESENT:
`Andrew Hill
`Sarah Howard - Legal Videographer - Digital Evidence
`Group
`Brian Sparks - Exhibit Technician - Digital Evidence
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`Brian Anthony, Ph.D.
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` I N D E X
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`Page 4
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` WITNESS EXAMINATION BY PAGE
` BRIAN W. ANTHONY Ph.D. MR. STOWELL 6
`
` PREVIOUSLY MARKED EXHIBITS IDENTIFIED
` EXHIBIT DESCRIPTION PAGE
` Exhibit United States Patent ........... 11
` 1001 8,457,703
` Exhibit Declaration of Dr. Brian W. .... 12
` 1003 Anthony
` Exhibit Diab Patent..................... 36
` 1007
` Exhibit Amano Patent.................... 157
` 1004
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` THE VIDEOGRAPHER: Stand by. This is
`Tape No. 1 of the videotaped deposition of
`Dr. Brian W. Anthony, in the matter of Apple, Inc.,
`versus Masimo Corporation in the United States Patent
`and Trademark Office before the Patent Trial and
`Appeal Board.
` This deposition is being held via
`Zoom videoconference on July 7, 2021. The time on
`the video screen is 1:03 p.m. (ET).
` My name is Sarah Howard, and I'm the
`legal videographer from Digital Evidence Group; and
`the court reporter is Amanda Gorrono in association
`with Digital Evidence Group.
` All parties to this deposition are
`appearing remotely and have agreed to the witness
`being sworn in remotely, unless an objection is
`stated to this agreement.
` Due to the nature of remote
`reporting, please pause briefly before speaking to
`ensure all parties are heard completely.
` Will counsel please introduce
`themselves for the record.
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`Brian Anthony, Ph.D.
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` MR. STOWELL: This is Joshua Stowell
`of Knobbe Martens on behalf of the patent owner
`Masimo Corporation.
` MR. SMITH: Dan Smith from Fish &
`Richardson on behalf of Apple. Along with Kim Leung,
`also of Fish & Richardson, who will be monitoring the
`deposition today.
` THE VIDEOGRAPHER: Okay. The court
`reporter may now swear in or affirm the deponent.
`BRIAN W. ANTHONY, Ph.D., called as a witness, having
`been first duly sworn by a Notary Public of the State
`of New York, was examined and testified as follows:
`EXAMINATION
`BY MR. STOWELL:
` Q. All right. Good afternoon,
`Dr. Anthony. I introduced myself off the record, but
`my name is Josh Stowell. I'll be deposing you today
`on behalf of Masimo Corporation.
` I know you've been deposed before,
`but I'll just go over a few of the ground rules
`before we get started.
` You understand you are under oath
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`Page 7
`today and are required to tell the truth just as if
`you were in a court of law, correct?
` A. Yes. Correct.
` Q. The court reporter is writing down
`everything that we say so your responses to my
`questions will need to be verbal.
` Do you understand?
` A. Yes.
` Q. If you don't understand one of my
`questions today, please let me know. If you don't
`say anything, we will assume that you have understood
`the question; is that fair?
` A. That is fair.
` Q. You are being represented in today's
`deposition by Mr. Smith, correct?
` A. Correct. Dan Smith.
` Q. Your counsel may object to some of my
`questions at times; however, unless counsel
`specifically instructs you not to answer my question,
`you will still need to provide a response to my
`questions.
` Do you understand?
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`Page 8
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` A. Excuse me. Yes.
` Q. Okay. Please wait until I have
`completed my question before answering so that the
`court reporter can accurately transcribe our
`conversation.
` Okay?
` A. Understood.
` Q. You may request a break at any time,
`the only thing I ask is that if a question is
`pending, you provide an answer to the question before
`we take the break; is that fair?
` A. That sounds good.
` Q. Is there any reason you cannot
`provide truthful and accurate testimony today?
` A. No, there is not.
` Q. Have you had any food or drink or
`medication that would impair your ability to tell the
`truth?
` A. No.
` Q. We sent you some binders containing
`exhibits for this IPR. Have you received those
`materials?
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`Page 9
` A. I have a box I've not yet opened.
` Q. Okay. Well, if you would like to
`refer to those materials they are copies of the
`exhibits we'll be using in the deposition today. If
`you choose not to refer to those hard copy materials,
`that's fine as well.
` A. Is it okay if I go ahead and open
`them and take them out?
` Q. Sure. Yes.
` A. Okay.
` Q. Since you are scheduled to have two
`depositions there are two different sets of binders.
`You need the binder that has the heading at the top
`IPR 2020-01523?
` A. 523, okay. There are four binders?
` Q. Correct. You're looking for two of
`them.
` A. Yep. That's 1524. Okay. 1523
`Deposition Exhibits 1008 to 1021 and Deposition
`Exhibits 1001 and 1003 through 1007.
` Q. Correct, okay. You have the
`materials.
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` A. Yes.
` Q. During today's deposition we'll
`publish each of the exhibits we're talking about to
`the document service, but if you need to refer to the
`hard copies, please feel free to do so. Okay?
` A. I'll find it easier to refer to the
`copies, just from eyesight perspective.
` Q. Sure. Other than the materials that
`I have sent you in the binders, do you have any other
`materials that you intend to use during today's
`deposition?
` A. I do have Post-it Notes and pens.
` Q. Okay. And do you have any other
`documents you intended to use?
` A. No.
` Q. Okay. Do you have any devices set up
`to communicate with other people during today's
`deposition?
` A. No.
` Q. Okay. So you don't have any chats or
`texts open to communicate?
` A. No.
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`Page 11
` Q. You've been hired by Apple to provide
`opinions in an IPR involving US Patent 8,457,703,
`correct?
` A. Correct.
` MR. STOWELL: And can we pull up
`Exhibit 1001.
` Q. Okay. Dr. Anthony, on your screen
`can you see Exhibit 1001?
` A. Yes.
` (Whereupon, Exhibit 1001, United
`States Patent 8,457,703, was identified.)
` A. I also have it in front of me on the
`paper.
` Q. And Exhibit 1001 is US Patent
`8,457,703, correct?
` A. Correct.
` Q. And is it okay with you if we refer
`to this as the "'703 patent" today?
` A. Yes, that is fine.
` Q. Okay. And do you understand that the
`'703 patent, Exhibit 1001, is the subject of the IPR
`that you are testifying about today?
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`Page 12
`
` A. Yes, I do.
` Q. You have provided a declaration in
`support of Apple's IPR relating to this '703 patent,
`correct?
` A. Correct.
` Q. Okay.
` MR. STOWELL: I'll ask our hotseat
`operator to pull up Exhibit 1003.
` (Whereupon, Exhibit 1003, Declaration
`of Dr. Brian W. Anthony, was identified.)
` Q. All right. And Exhibit 1003 is the
`declaration that you prepared in this IPR, correct?
` A. I'm looking at the paper version
`here. Yes, this is my Declaration --
` Q. Okay.
` A. -- for the '703 patent.
` Q. And because we are only going to be
`talking about one declaration during today's
`deposition, I'll refer to Exhibit 1003 as "the
`Declaration" or "your Declaration," is that okay?
` A. That is fine.
` Q. Can we go to Page 87 of the
`
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`
`Declaration.
` And, Dr. Anthony, is that your
`signature on Page 87?
` A. Yes, it is.
` Q. And did you sign this Declaration on
`September 7, 2020?
` A. Yes, I did.
` Q. And you understood you were signing
`this Declaration you were doing so under the penalty
`of perjury?
` A. Yes.
` Q. And I take it you did your best to
`provide accurate and truthful opinions in the
`Declaration?
` A. Yes.
` Q. Have any of your opinions relating to
`the '703 patent changed since you signed your
`Declaration on September 7, 2020?
` A. No.
` Q. Have you formed any new opinions
`since signing your Declaration that relate to the
`'703 patent or the prior art discussed in the
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`Declaration?
` A. No.
` Q. Do you have any opinions relating to
`the '703 patent or the prior art that are not in your
`Declaration?
` A. No.
` Q. Are you aware of any mistakes or
`inaccuracies in your Declaration?
` A. I'm not aware of any. Doesn't mean
`that there aren't some typos.
` Q. Let's go to Page 5, Paragraph 11 of
`the Declaration. In Paragraph 11 you identify the
`materials you considered in forming your opinions
`about the '703 patent; is that correct?
` A. That is correct.
` Q. And is it a true and correct
`statement that you reviewed all of the materials
`listed in Paragraph 11?
` A. Yes.
` Q. The first bullet point in
`Paragraph 11 lists U.S. Patent 6,293,915 to Amano et
`al, correct?
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` A. Correct.
` Q. Okay. And today I'll refer to this
`patent as "Amano"; is that okay?
` A. Yes.
` Q. And you indicate that Amano is Apple
`Exhibit 1004; is that correct?
` A. In the printout, 104 [verbatim], yes,
`with the tab and AMANO-1004. Yes.
` Q. Okay. You've looked at the hard
`copies and you confirmed that Amano is Exhibit 1004;
`is that correct?
` A. Yes.
` Q. The second bullet point lists U.S.
`Patent No. 6,393,311 to Edgar, Jr., et al.; is that
`correct?
` A. Correct.
` Q. And I'll refer to this patent as
`"Edgar" today; is that all right?
` A. That is fine.
` Q. And can you confirm that Edgar is
`Apple Exhibit 1005?
` A. Yes, it is.
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` Q. The third bullet point is U.S. Patent
`No. 6,527,729 to Turcott.
` Do you see that?
` A. Yes.
` Q. And I'll refer to this patent as
`"Turcott" today. Okay?
` A. That is fine.
` Q. And can you confirm with your
`materials that Turcott is Apple Exhibit 1006?
` A. Yes, it is.
` Q. And then the fourth bullet point
`lists U.S. Patent No. 5,632,272 to Diab, et al.,
`correct?
` A. Correct.
` Q. And I will refer to this patent as
`"Diab" today. Okay?
` A. Okay.
` Q. And can you confirm in your materials
`that Diab is Apple Exhibit 1007?
` A. Yes, it is.
` Q. You identify a number of other
`references in Paragraph 11, and for each of those
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`Page 17
`references you identify an Apple exhibit number after
`the reference, correct?
` A. Correct.
` Q. And so if we need to refer to any of
`those exhibits today, we can simply use the Apple
`exhibit number, right?
` A. Let me just check that those are --
`the ones you just listed are in the first binder.
`Let me look at the other binder real quick.
` Q. Sure.
` A. Bindszus, Swedlow, Tremper,
`Mendelson, Bronzino 12. Okay. Yep. Okay. 13. 14,
`Diab -- there's another Diab so that's 1014.
`Williamson is 15. 16 is Pless. 17 is Sackner. 18
`is Vock. 19 is Thompson. 20 is Inagami.
` All right. I think I have them all
`in the binder.
` Q. Great. Nice when things work out.
` Are there any materials that you
`considered in forming your opinions that are not
`identified in Paragraph 11?
` A. Other than sort of my knowledge of
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`Page 18
`what a person of skill in the art would know, but not
`documents.
` Q. In Paragraph 12 of your Declaration
`which begins on Page 6, you indicate that you have
`used the critical date of July 2, 2001 in forming
`your opinions; is that correct?
` A. Yes. Application filed July 2, 2001,
`is the critical date.
` Q. Okay. And you used that critical
`date in forming your opinions that are expressed in
`the Declaration?
` A. Correct. As I said there, I used
`that critical date in my analysis.
` Q. And I understand that you were
`instructed to use that critical date by counsel; is
`that correct?
` A. Correct. Counsel informed me that
`the critical date represents the priority date to
`which the challenged claims are entitled.
` Q. You have submitted declarations in
`support of other IPRs filed by Apple against Masimo's
`patents, correct?
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` A. Yes, that's correct.
` Q. And did you do your best to
`truthfully and accurately state your opinions in
`these other declarations?
` A. Yes.
` Q. Did you do your best to truthfully
`and accurately characterize the prior art in those
`other declarations?
` MR. SMITH: Objection; scope
`relevance.
` A. Yes, I have not reviewed my
`Declaration of other cases for today but.
` Q. You were previously deposed in
`connection with one of the other IPRs, correct?
` A. Correct.
` Q. And did you do your best to give
`truthful and accurate testimony during your prior
`deposition?
` MR. SMITH: Objection; scope.
`Relevance.
` A. Yes.
` Q. What did you do to prepare for your
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`deposition today?
` A. I re-skimmed through my Declaration,
`skimmed through the -- my paper copies of the, of the
`references of the exhibits.
` Q. About how much time did you spend
`skimming through the Declaration?
` MR. SMITH: Objection; form.
` A. Just the Declaration, four or five
`hours over all the documents, over all the documents
`probably a total of 10 hours.
` Q. So you spent 10 hours preparing for
`the deposition; is that accurate?
` A. That's correct.
` Q. And did you meet with anyone to
`prepare for your deposition?
` A. I did meet with counsel, with Dan
`Smith and Kim.
` Q. And was this in-person meeting?
` A. The same format, Zoom.
` Q. It was a Zoom meeting. And how long
`did you meet with counsel?
` A. I'd say approximately four hours.
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` Q. Other than counsel, did you discuss
`your deposition with anyone else?
` A. I explained to my children what I'm
`doing.
` Q. Okay. Other than counsel and your
`children, did you discuss your deposition with anyone
`else?
` A. No.
` Q. You indicated that you reviewed the
`references or the exhibits cited in your Declaration.
`Did you specifically review Amano?
` A. Yes, I did review Amano.
` Q. And did you review Turcott in
`preparing for your deposition?
` A. Yes, I did.
` Q. Did you review Diab in preparing for
`your deposition?
` A. Yes, I did.
` Q. And did you review Edgar in preparing
`for your deposition?
` A. Yes, I did.
` Q. After preparing for your deposition,
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`is there anything about your analysis in your
`Declaration that you need to change?
` A. No, there isn't.
` Q. If you discussed a reference in your
`Declaration, can I assume that the analysis is an
`accurate characterization of your understanding of
`the reference?
` A. Correct.
` Q. During this deposition, we're going
`to talk about a person of ordinary skill in the art,
`I'm going to use the abbreviated term POSITA,
`P-O-S-I-T-A, as shorthand; is that okay?
` A. That is fine.
` Q. And if you discuss how a POSITA would
`have understood a reference in your Declaration, can
`I assume that that analysis accurately reflects your
`understanding?
` A. Yes.
` Q. Let's turn to Page 8 of your
`Declaration, Paragraph 16. Let me know when you're
`there.
` A. Page 8, Paragraph 16. Yeah.
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` Q. In the first sentence you state, "The
`'703 patent and the prior art reference discussed
`herein are all from the field of non-invasive optical
`biosensors."
` Do you see that?
` A. I do.
` Q. Is that a true and accurate statement
`regarding the field of the '703 patent?
` MR. SMITH: Objection; form.
` A. As I state here, the '703 patent and
`the prior art references are all from the field of
`non-invasive optical biosensors.
` Q. Right.
` My question is: Is that a true and
`accurate statement regarding the field of the
`'703 patent?
` MR. SMITH: Objection to form.
` A. That's what I declared in my
`Declaration; and, yes, this is a true statement as I
`believe it to be.
` Q. And when you refer to "the prior art
`references discussed herein," what references are you
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`referring to?
` MR. SMITH: Objection to form.
` A. The prior art references discussed
`herein are all from the field of non-invasive optical
`biosensors. So the prior art reference as discussed.
` Q. And so are you referring to every
`piece of prior art that we reviewed in Paragraph 11?
` A. The references discussed are in the
`fields of -- in the field of non-invasive optical
`biosensors.
` Q. If in the coming paragraphs of your
`Declaration the reference is discussed, it is
`encompassed within your definition in Paragraph 16;
`is that fair?
` MR. SMITH: Objection to form.
` A. That is fair.
` Q. In that first sentence of
`Paragraph 16, what did you mean by "non-invasive"?
` MR. SMITH: Objection; form.
` A. As I described, devices -- "These
`devices have a wide range of applications, for
`example, measuring blood characteristics such as
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`blood oxygen saturation, blood flow, blood pressure
`and cardiac output. Non-invasive optical biosensors
`are generally characterized as devices that pass
`light from a light source through the skin (i.e.,
`non-invasively) into a blood perfused area of body
`tissue and then use a light sensor, (a photodetector)
`to capture the reflected or transmitted light and
`quantify the variable absorption of light by the
`tissue."
` Q. Right. So what definition of
`non-invasive are you using?
` MR. SMITH: Objection; asked and
`answered.
` A. As I described there, sort of, a
`non-invasive optical biosensors generally
`characterizes devices that pass light from a light
`source through the skin into a blood perfused area of
`body tissue.
` And I go on, for example, in 17, a
`"common and well-understood non-invasive optical
`biosensor" as an example, "is a pulse oximeter.
`Example which is indeed described in the
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`'703 patent."
` Q. Right. So -- so is it your
`definition of non-invasive a device that passes light
`from a light source through the skin?
` MR. SMITH: Objection; form.
` A. As I state here, non-invasive optical
`biosensors are indeed generally characterized as
`devices that pass light, sort of and at least
`includes such devices.
` Q. Okay. Would a device that is
`implanted underneath the skin qualify as a
`non-invasive optical biosensor?
` MR. SMITH: Objection; form.
` A. Under the skin would generally not be
`considered a non-invasive biosensor as it is invading
`the skin.
` Q. The definition of non-invasive that
`you've applied in Paragraph 16, is that the
`definition of non-invasive that a person of ordinary
`skill in the art would have held in July 2001?
` MR. SMITH: Objection; form.
` A. A person skilled in the art with
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`non-invasive optical biosensors would know what
`non-invasive optical biosensors are in the context of
`these patents so I didn't feel I needed to
`necessarily construe any other term other than what
`I've described here as an example of what
`non-invasive optical biosensors are.
` Q. Would a person of ordinary skill in
`the art in 2001 have understood that a non-invasive
`optical biosensor would not be implanted underneath
`the skin or through the skin?
` MR. SMITH: Objection; form.
` A. A person of skill in the art would
`understand that a non-invasive biosensor is
`non-invasive and that it's operating from outside of
`the skin and not in the skin.
` Q. What do you mean by optical
`biosensors?
` MR. SMITH: Objection; form.
` A. So for example, typical components in
`Paragraph 18, the system components of an optical --
`of a non-invasive optical biosensor. "Typical
`components include: One or more electrically
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`controlled optical light-sources; mechanical and
`optical elements to guide and focus the light into
`the body"; both "mechanical and optical elements to
`control light within the sensing device; mechanical
`and optical elements to capture and focus the light
`leaving the body; light detector(s) that generate an
`electrical signal proportional to the amount of
`received light; processor(s) to control the light
`sources and detector; and processor(s) to analyze
`electrical signals."
` Q. Under your definition of non-invasive
`optical biosensors that you're using in Paragraph 16,
`does the non-invasive optical biosensor, is it
`required to have a light sensor?
` MR. SMITH: Objection; form.
` A. Can you point out where I say that an
`optical biosensor requires a light sensor?
` Q. Well, in Paragraph 16, you mention
`the use of a "light sensor to capture the reflected
`or transmitted light," correct?
` A. Correct.
` Q. My question is: Does a non-invasive
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`optical biosensor have to have a light sensor under
`your understanding of the term?
` MR. SMITH: Objection; form.
` A. Biosensors include optical components
`for light. An optical biosensor could include
`devices that detect light with -- or the -- the light
`has been transduced in other ways. So optical
`sensors are certainly one of the components that
`would fall, that would fall into optical devices.
` Q. So under your use of the term
`"non-invasive -- invasive optical biosensors," is a
`light sensor required?
` MR. SMITH: Objection; asked and
`answered.
` A. As I said here, "Typical components
`include: One or more electrically controlled
`light-sources; mechanical and optical elements to
`capture and focus light; light detector(s) that
`generate an electrical signal; processor(s) to
`control light sources and detector; and processor(s)
`to analyze the electrical signal."
` Those are typical components. I
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`don't state here in the declaration that they are --
`any one component is required.
` Q. Okay. So you don't have an opinion
`regarding whether a non-invasive optical biosensor
`requires a light sensor; is that fair?
` MR. SMITH: Objection; form.
`Argumentative.
` A. That's not what I said. I said that
`an optical biosensor -- the typical components of
`optical biosensors, I list the components here, but I
`can read again in Paragraph 18.
` Q. Well, the problem I'm having is
`you've qualified it by saying "typical." My question
`is asking is it required. So does a non-invasive
`optical biosensor require a light sensor?
` MR. SMITH: Objection; asked and
`answered.
` A. I, I didn't find it necessary to
`opine as to whether an optical biosensor required any
`specific list or any specific item from this list,
`but a typical components in optical biosensors
`include those that I listed here in Paragraph 18.
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` Q. Would a non-invasive optical
`biosensor require a light source?
` MR. SMITH: Objection to form.
` A. Similarly, typical components include
`light sources, mechanical and optical elements to
`guide the light, mechanical optical elements to
`capture the light, light detectors. Didn't need to
`opine as to any one element absolutely being
`required.
` Q. In Paragraph 17, you state that "one
`common and well-understood non-invasive optical
`biosensor is a pulse oximeter," correct?
` A. Correct.
` Q. And is that a true and accurate
`statement?
` A. Yes, it is. One common
`well-understood non-invasive optical biosensor, as I
`attested to, is a pulse oximeter.
` Q. In your Declaration, you don't
`identify any other specific noninvasive optical
`biosensors, correct?
` MR. SMITH: Objection; form.
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