8/2/2021
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`Apple, Inc. v. Masimo Corp.
`
`Vijay K. Madisetti, Vol. II
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 160
`
` APPLE INC.,
`
`Petitioner,
`
`-against-
`
` MASIMO CORPORATION,
`
`Patent Owner.
`
`Case Nos.
`IPR 2020-01520
`U.S. Patent 10,258,265
`
`IPR 2020-01537
`U.S. Patent 10,588,553
`IPR 2020-01539
`U.S. Patent 10,588,554
`
`VOLUME 2
`CONTINUED VIDEO-RECORDED DEPOSITION OF
`VIJAY K. MADISETTI, PH.D.
`Zoom Recorded Videoconference
`08/02/2021
`11:07 a.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
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2021
`
`202-232-0646
`
`1
`
`APPLE 1035
`Apple v. Masimo
`IPR2021-00208
`
`
`
`Apple, Inc. v. Masimo Corp.
`
`Vijay K. Madisetti, Vol. II
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Page 160
`
` APPLE INC.,
`
`Petitioner,
`
`-against-
`
` MASIMO CORPORATION,
`
`Patent Owner.
`
`Case Nos.
`IPR 2020-01520
`U.S. Patent 10,258,265
`
`IPR 2020-01537
`U.S. Patent 10,588,553
`IPR 2020-01539
`U.S. Patent 10,588,554
`
`VOLUME 2
`CONTINUED VIDEO-RECORDED DEPOSITION OF
`VIJAY K. MADISETTI, PH.D.
`Zoom Recorded Videoconference
`08/02/2021
`11:07 a.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
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2021
`
`202-232-0646
`
`1
`
`APPLE 1035
`Apple v. Masimo
`IPR2021-00208
`
`
`
`8/2/2021
`
`Apple, Inc. v. Masimo Corp.
`
`Vijay K. Madisetti, Vol. II
`
`Page 161
`08/02/2021
`11:07 a.m. (EDT)
`
`CONTINUED VIDEO-RECORDED DEPOSITION OF VIJAY
`K. MADISETTI, 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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`Vijay K. Madisetti, Vol. II
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`Page 162
`
`A P P E A R A N C E S
`(Via Zoom Videoconferencing):
`ON BEHALF OF PETITIONER 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-
` Andrew B. Patrick, Esquire
` Fish & Richardson
` 1000 Maine Avenue SW
` Washington, D.C. 20024
` PHONE: 202-626-7735
` E-MAIL: Patrick@fr.com
`
` -AND-
`
` Hyun Jin In, Ph.D., Esquire
` Fish & Richardson
` 1000 Maine Avenue SW
` Washington, D.C. 20024
` PHONE: 202-626-7765
` E-MAIL: In@fr.com
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`Vijay K. Madisetti, Vol. II
`
`A P P E A R A N C E S (Cont.'d)
`
`Page 163
`
`(Via Zoom Videoconferencing):
`
`ON BEHALF OF PATENT OWNER MASIMO:
`
` Stephen W. Larson, Esquire
` Knobbe Martens
` 2040 Main Street
` Irvine, CA 92614
` PHONE: 949-721-5301
` E-MAIL: Stephen.larson@knobbe.com
` -AND-
` Jeremiah S. Helm, Ph.D., Esquire
` Knobbe Martens
` 1717 Pennsylvania Avenue N.W.
` Washington, DC 20006
` PHONE: 202-640-6400
` E-MAIL: Jeremiah.helm@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:
`Thomas William Kenny, Jr., Ph.D.
`Daniel Holmstock, Legal Video Specialist/Trial Tech,
`Digital Evidence Group
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`Vijay K. Madisetti, Vol. II
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`Page 164
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` I N D E X
`
` WITNESS CONTINUED EXAM BY PAGE
` VIJAY K. MADISETTI, MR. SMITH 165
` PH.D.
`
` PREVIOUSLY MARKED EXHIBITS IDENTIFIED
`
` EXHIBIT DESCRIPTION PAGE
` Exhibit 2004 Declaration of Vijay K. ..... 165
` Madisetti, Ph.D.
` Exhibit 1019 Design of Pulse Oximeters.... 187
` Exhibit 2012 Webster - Design of Pulse ... 214
` Oximeters
` Exhibit 1003 Declaration of Dr. Thomas ... 231
` W. Kenny
`
` R E Q U E S T S
`
` DESCRIPTION PAGE
` Read & Sign................................... 260
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`Page 165
` THE TECH: The time is 11:07 a.m.
`Eastern Daylight Time on August 2, 2021.
` This is Video 1, Volume 2 of the
`continued video-recorded deposition of Dr. Vijay
`Madisetti.
` A reminder to the witness, you are
`still under oath.
` Counsel, you may proceed.
`VIJAY K. MADISETTI, PH.D., having been previously
`sworn by a Notary Public of the State of New York,
`was further examined and testified as follows:
`CONTINUED EXAMINATION
`BY MR. SMITH:
` Q. Good morning, Dr. Madisetti.
` A. Good morning, sir.
` Q. Did you consult with counsel last
`night between the two portions of this deposition?
` A. I did not.
` Q. Okay. I'd like to go to your
`Declaration, it was Exhibit 2004 in the 1520-case.
` (Whereupon, Exhibit 2004, Declaration
`of Vijay K. Madisetti, Ph.D., was identified.)
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` A. Okay.
` Q. And let me know when you -- when
`you've got that up.
` A. Yes, I am here.
` Q. Okay. And we're going to go to
`Paragraph 52?
` A. Yes, I am at Paragraph 52.
` Q. Okay. And we're going to be
`discussing the annotated figure from Inokawa, the
`annotated Figure 2 right above Paragraph 52.
` A. Okay.
` Q. So is it your testimony that the
`light rays annotated with the yellow highlighting,
`that those light rays will converge towards the
`center of the, of the device?
` A. My opinion is that, as I describe in
`my Declaration, the lens, the convex lens 27, shown
`in blue, condenses or redirects or focuses the light
`from the measurement site towards the center.
` Q. Is there any configuration --
` MR. SMITH: Strike that.
` Q. Is there any way that the convex lens
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`shown in blue in Inokawa's Figure 2 would cause the
`light to diverge?
` A. My understanding, and my description
`of Figure 2, is to provide an opinion that a POSA, or
`person of ordinary skill in the art, would look at
`Figure 2 in Inokawa and, and understand that the
`convex lens in blue, 27 of Inokawa, would be
`focusing, redirecting, and condensing light towards
`the center.
` Q. Would the index of refraction of the
`convex lens shown in blue affect the behavior of the
`light rays passing through it?
` A. Again, I was viewing it from the view
`point of a POSA. And my opinion is still the same,
`based on the support that I cite in my Declaration,
`that given the disclosures in Inokawa, a POSA would
`understand that light from the measurement site would
`be redirected or condensed towards the center.
`Taking into consideration all the items that you
`mentioned.
` Q. So in making that determination, you
`would consider the index of refraction of the tissue
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`Page 168
`as well as the index of refraction of the blue convex
`lens 27; is that correct?
` A. My opinion, as I said before, is from
`what would a POSA view as what Inokawa is disclosing.
` And a POSA would view this in, as the
`blue lens, the convex lens 27 would be converging
`light, redirecting light, and condensing light
`towards the center, just as Dr. Kenny has testified.
` Q. And you'd agree that that convergence
`is not shown in Inokawa Figure 2 with respect to the
`light rays highlighted in yellow, correct?
` A. I would disagree. It shows to a POSA
`that the blue lens 27 is converging, redirecting, or
`condensing or focusing the light from the measurement
`site towards the center.
` Q. Is that depicted in the figure?
` A. That's what the figure would disclose
`to a POSA. It is a high-level figure, and it
`describes the structure and the features of Inokawa.
`And a POSA, viewing the figure, in light of the
`specification would understand that it teaches, to a
`POSA, that light from the measurement site is being
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`redirected, condensed, and focused towards the
`center.
` Q. Would it be possible for the light
`rays highlighted in yellow to pass straight through
`the convex lens 27 without being refracted, as shown
`in Figure 2 of Inokawa?
` A. As I said, I don't agree with your --
`the statement in your question. As I said earlier,
`the teachings of Inokawa that are embodied in
`Figure 2, and its description, to a POSA would teach
`the understanding to a POSA, that the blue lens is
`converging light, condensing light, redirecting light
`towards the center.
` Q. And that condensing happens
`regardless of the index of refraction of the lens as
`compared to the index of refraction of the tissue, is
`that your testimony?
` A. A POSA would understand the teachings
`to be consistent with the understanding that a convex
`lens is focusing, redirecting, and condensing light
`towards the center, and that is how I present my
`opinion and also my support for it.
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` I also observed that Dr. Kenny has
`provided the same testimony in his declaration.
` Q. Dr. Kenny has provided the same
`testimony in his declaration?
` A. The -- Dr. Kenny is also, in his --
`as I described in my Declaration, that Dr. Kenny in
`Paragraph 52 illustrates this general tendency of
`light passing through a convex surface to be
`redirected towards a more central location, in his
`declaration, Exhibit 1003, Paragraphs 119 through
`120, for example.
` Q. So it's your testimony that the
`general tendency of light passing through a convex
`surface to be redirected towards a more central
`location; is that correct?
` A. To be precise, my opinion is that a
`POSA viewing the teachings of Inokawa would
`understand that Inokawa's convex lens 27 in blue
`would redirect light from the measurement cen- --
`measurement site towards the center.
` Q. Would a POSITA understand why that
`redirection happens, or would they just take Inokawa
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`at face value?
` A. Again, I've considered the level of
`the POSA, and in my opinion, a POSA of the level that
`Dr. Kenny and I have assumed, in my view, would view
`the teachings of Inokawa in the manner I said; that
`they would redirect or condense light through the
`convex, the convex lens 27 of Inokawa would condense,
`or redirect light towards the center, the light being
`from the measurement site as shown in Figure 2.
` Q. So the relative index of refraction
`between the tissue measurement site and the convex
`lens wouldn't affect the behavior of the light; is
`that your testimony?
` A. I think my testimony is that a POSA,
`at the level that both parties have assumed, would
`understand this is what Inokawa would be teaching as
`I mentioned, that the blue convex lens 27 would be
`redirecting light from the measurement site to the --
`towards the center.
` Q. And what about Inokawa's Figure 2
`informs your opinion that it would -- that the light
`would be converged towards the center?
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` A. This is the basic knowledge of a POSA
`viewing Inokawa, the teachings in the -- for example,
`my own understanding, Dr. Kenny's testimony as well,
`that I cite Exhibit 1003, 119 and 120 and also the
`Figure 14B and associated text, in the SL -- in the
`patents at issue in this IPR. the '265, the '553,
`and the '554, all are described in my Declaration to
`support my opinions. Therefore, the Petitioner,
`Dr. Kenny, the '265 patent, all agree that a POSITA
`would that understood that the convex shape
`illustrated by Inokawa would direct incoming light
`towards the center of the it -- towards the center of
`the sensor.
` I also agree that a POSITA reading
`Inokawa would have understood that the convex shape
`illustrated by Inokawa would direct incoming light
`towards the center of the sensor, Paragraph 55.
` Q. And you drew on a knowledge of optics
`in arriving at that conclusion, correct?
` A. I applied the knowledge of a POSA
`that was asserted by Dr. Kenny and the Petitioner.
` Q. Which you testified doesn't require a
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`
`knowledge of optics, correct?
` A. As I said, my testimony speaks for
`itself. I would not agree with that assertion. I
`make certain observations in any case, whether or not
`it includes the knowledge of optics, it is my opinion
`that a POSA would still view Figure 2 of Inokawa as
`teaching that -- teaching a POSITA that Inokawa --
`that a POSITA reading Inokawa would have understood
`that the convex shape illustrated by Inokawa would
`direct incoming light towards the center of the
`sensor. The light being from the measurement site,
`by the blue lens, convex lens 27, for example, in
`Figure 22 -- in Figure 2.
` Q. It would interpret the --
` MR. SMITH: Strike that.
` Q. So it's your testimony that the
`POSITA would interpret the Figure 2 of Inokawa in the
`way that you are testifying regardless of whether
`they had the knowledge of optics or not; is that
`correct?
` A. To be clear, I applied the
`Petitioner's and Dr. Kenny's level of skill, and I
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`provided an opinion that the Petitioner and Dr. Kenny
`and '265 all agree a POSITA would understand that the
`convex shape in Inokawa would direct incoming light
`towards the center of the sensor, I also agree that a
`POSITA reading Inokawa would have understood that the
`convex shape illustrated by Inokawa would direct
`incoming light towards the center.
` And it is my opinion that this
`understanding to a POSITA would, would include
`both -- would include even a knowledge of optics.
` Q. You said the POSITA --
` MR. SMITH: Strike that.
` Q. Did you say that the POSITA would
`have a knowledge of optics in your last answer? I
`just wanted to clarify.
` A. That's not what I said. I said I
`applied the level of POSA asserted by the Petitioner
`and Dr. Kenny in forming my opinions. In response to
`your question, I agree that I have also offered an
`opinion that even if the, even if the asserted level
`of a POSA of Dr. Kenny and the Petitioner included a
`knowledge of optics, my opinions still remain the
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`same, that a POSITA reading Inokawa would have
`understood that the convex shape illustrated by
`Inokawa would direct the incoming light from the
`measurement site towards the center.
` Q. So a POSITA reading Inokawa would
`have understood the convex shape illustrated by
`Inokawa would direct the incoming light from the
`measurement site towards the center even if the
`POSITA had no knowledge of optics?
` A. My opinion is that I've applied the
`asserted description -- I applied the description of
`a POSA applied by the Petitioner and Dr. Kenny. And
`in that, in that application, in my opinion, a POSA
`according to that level of the Petitioner and
`Dr. Kenny reading Inokawa would have understood that
`the convex shape illustrated by Inokawa would direct
`incoming light towards the center. And it's clearly
`stated by Dr. Kenny in his Exhibit 1003,
`Paragraphs 119 and 120, explicitly about Figure 2.
` Q. Would the amount of convergence of
`the light rays shown in Inokawa Figure 2 change
`depending on the relative indices of refraction
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`between the convex lens shown in blue and the tissue
`measurement site?
` A. Again, those are all additional
`details, but of an opinion and my opinions and
`Dr. Kenny's opinions are about what a POSA -- what a
`POSITA would understand about Inokawa and both sides
`are consistent that a POSITA would understand the
`convex shape illustrated by Inokawa as directing
`incoming light towards the center. Details are
`details. But both sides agree as to what a POSITA
`would understand the convex shape of Inokawa would
`teach to the POSA, as directing incoming light
`towards the center.
` Q. So it's the convex shape of the lens
`that -- it's your testimony that the convex shape of
`the lens is directing light towards the center; is
`that correct?
` A. My testimony, to be avoid -- and to
`avoid any doubt, is that a POSA viewing the teachings
`of Inokawa Figure 2 would understand that the convex
`lens 27 of Figure 2 would redirect, condense, and
`focus light towards the center from the measurement
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`site.
` Q. Is there a reason why you won't
`answer questions about what's shown in Figure 2?
` MR. LARSON: Objection;
`mischaracterizes.
` A. As I said I answered the question
`about Figure 2. My opinions are to what a POSA would
`understand from Figure 2. And that's what I provided
`in my Declaration. And that's what Dr. Kenny has
`provided in his declaration, as well. Paragraphs 119
`and 120 very clearly states that it's redirecting and
`condensing light towards the center.
` And I cite that in Paragraph 51, so
`those are my opinions in my Declaration.
` Q. I understand those are your opinions
`in your Declaration. And you're citing to Figure 2,
`to support those opinions, correct?
` A. I'm citing the view of a POSA,
`viewing Figure 2.
` Q. So you're not citing Figure 2, for
`support for this, for your opinions?
` A. I'm citing the view of a POSA towards
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`Figure 2, and viewing Figure 2 and the teaching of
`Inokawa in light of Figure 2 and the specification as
`also confirmed by Dr. Kenny and the Petitioner, that
`there are in agreement that the convex lens 21 is
`converging light from the measurement site towards
`the center. In the view of a POSA --
` Q. You're citing the view --
` A. In the view of a POSA.
` Q. Oh, I'm sorry.
` So you testified that you're citing
`the view of a POSA towards Figure 2 to support your
`conclusion as to what a POSA would understand from
`Inokawa; is that correct?
` A. To be very clear, it is my view -- it
`is my opinion that a POSA would understand the
`teachings of Inokawa, including Figure 2 from Inokawa
`as teaching that the convex lens 27 would be
`redirecting, condensing light from the measurement
`site towards the center. And that's consistent, and
`with Dr. Kenny's own sworn testimony in his
`declaration, Paragraphs 119 through 120,
`Exhibit 1003.
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` Q. Does --
` MR. SMITH: Strike that.
` Q. Does Inokawa include any disclosure
`that says how a POSA would view that figure,
`Figure 2?
` A. I'm not sure as to your question,
`sir, but I've offered an opinion that's how a POSA
`would view Figure 2 in Inokawa. I've also offered
`Dr. Kenny's opinions that are consistent with what
`I've offered. Both sides offered the same opinion,
`including Dr. Kenny.
` And it's also consistent with the
`specification of the patents themselves, for example,
`Figure 14B, "B" as in boy, in the '265 patent for
`example, and similar figures in the other patents,
`the '553 and the '554.
` Q. So do you understand that what I'm
`trying to ascertain with my questions about Figure 2
`of Inokawa is the reasoning that you incorporated in
`forming your opinions regarding how a POSA would view
`Inokawa?
` A. Yes. I believe I answered your
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`question many times. I refer to the discussion in my
`Declarations, for example, Paragraphs 48, 49, 50, 51,
`52, 53, 54, and 55 as a nonlimiting set of paragraphs
`where I discuss my opinions and their bases.
` Q. Let me try this one more time.
` The -- referring to the annotated
`Figure 2 from Inokawa, the light rays annotated in
`yellow, your testimony is that those light rays
`converge towards the center as they pass through the
`convex lens 27, correct?
` A. Again, my testimony is that a POSA,
`or a person of ordinary skill in the art, viewing the
`teachings and disclosures of Inokawa, Inokawa,
`including Figure 2, would understand that the convex
`lens 27, shown in blue, would converge, condense,
`redirect the light from the measurement site towards
`the center.
` And this is consistent with the sworn
`testimony of Dr. Kenny, Paragraphs 119, 120 of his
`declaration, and also with the specification of the
`'256 (sic), '553, and '554 patents and consistent
`with the support that I provide in Paragraphs 50
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`through 55.
` Q. Just to be clear. You understand my
`questions about Inokawa Figure 2 are asking about the
`features shown in the figure, correct?
` A. Again, I have offered an opinion with
`respect to the view of the POSA observing Figure 2
`and the disclosures of Inokawa, how they teach to a
`POSA that the blue convex lens 27 would redirect,
`condense, and focus light from the measurement site
`towards the center.
` Q. But you can't tell me how Inokawa's
`Figure 2 shows that convergence of the light towards
`the center?
` A. As I said, I -- my opinions are with
`respect to the view of the POSA, and I provide
`support for that. In support for my opinions, I cite
`to support from the Petitioner and Dr. Kenny's own,
`own sworn testimony, Paragraphs 119 through 120. I
`cite to the specification of the '256 (sic), the
`'554, and the '553 including Figure 14B, and I
`confirm my own understanding of the view of the
`POSITA, that Inokawa's -- the teachings of Inokawa,
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`including Figure 2, teach a POSA that the convex lens
`27 would redirect light towards the center, and the
`light being from the measurement site.
` Q. If the index of refraction of the
`convex cover 27 were lower than the index refraction
`of the tissue measurement site, would that increase
`convergence towards the center of the light rays?
` A. Again, this is a specific question,
`it goes into details of certain specific features.
`As I said, these are details we are describing the
`opinions with respect to what in Inokawa's -- a POSA
`would view Inokawa's teachings to be. And that's
`where I offered my opinion that a POSA would view the
`convex lens 27 as -- of Figure 2 of Inokawa as
`converging, condensing, redirecting light towards the
`center. And that's consistent with Dr. Kenny's sworn
`testimony and the specification.
` Q. Would a POSA viewing Figure 2 of
`Inokawa understand that the light rays highlighted in
`yellow are shown to converge towards the center as
`they pass through the convex lens 27?
` A. I mean, I prefer my own language. I
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`am not sure as to the specific language you're using.
`In my language that I describe in Paragraphs 50
`through 55, a POSA would view the teachings of
`Inokawa, specifically Figure 2 and associated
`descriptions, that the blue convex lens 27 would
`redirect, condense, or focus light from the
`measurement site towards the center.
` And it's consistent with Dr. Kenny's
`own opinion, Paragraphs 119 through 120 of Kenny's
`Declaration, 1003.
` Q. A couple of answers ago you stated
`that, "Again, this is a specific question, it goes
`into details of certain specific features." Are
`those details or would those details be important to
`a POSA in interpreting Figure 2 of Inokawa?
` A. Again, I don't have a specific
`opinion on that issue. My understanding is applying
`the level of a POSA as asserted by the Petitioner and
`Dr. Kenny, reviewing the explicit testimony of
`Dr. Kenny where he explicitly states that Inokawa's
`teachings would teach a POSA that light from the
`measurement site would be condensed towards the
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`center, reading the specifications of the '256 (sic)
`the '553, and the '554, again, making the same
`opinion and consistent with my own opinion. All of
`these point the same way. They all say that a POSA
`would understand the teachings of Inokawa that, that
`the convex lens 27 would be redirecting light from
`the measurement site towards the center.
` Q. So you're not going to answer any
`questions about, about the specific components shown
`in Figure 2 of Inokawa or how you came to your
`opinion of what a POSA would understand for -- from
`Inokawa; is that correct?
` A. I would disagree with the
`characterization. I've answered your question many
`times, and I've offered an opinion in my Declaration
`that I'm describing and in my view --
` Q. Do you per -- go ahead.
` A. Yeah, so I've provided you the
`specifics with respect to, for example, Paragraphs 50
`through 55 of my Declaration.
` Q. I just want to confirm that you
`understand my questions to be about the literal
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`features illustrated in Inokawa Figure 2, correct?
` A. I'm, I'm not specifically sure as to
`what you're specifically asking with this question.
`All I've said is that my view is that the POSA would
`understand Inokawa's Figure 2 and its teachings
`consistent with Dr. Kenny's own sworn testimony that
`it redirects or condenses light from the measurement
`site towards the center as -- and the convex lens 27
`in blue is condensing, redirecting light from the
`measurement site towards the center in the view of a
`POSA.
` Q. So I don't know if that answered my
`question. In fact, you said, "I'm not specifically
`sure as to what specifically you're asking with this
`question."
` What was vague about my question?
`How should I -- what, what other information do you
`need?
` A. I'm not sure. All I can say is that
`my opinions are with respect to the view of a POSA
`and they are consistent to Dr. Kenny's own sworn
`testimony that the convex lens 27 of Inokawa
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`redirects light from the measurement site towards the
`center. That's how I view -- that is how a POSA
`would view the teachings of Inokawa.
` Q. In the annotated version of Figure 2
`from Inokawa, in your Declaration, the, the lines
`annotated in yellow represent light, correct?
` A. They represent, they represent to a
`POSA light that's been redirected towards the center.
` Q. How do those lines annotated in
`yellow illustrate to a POSA that the light has been
`redirected towards the center, as you, as you claim?
` A. As I explained, a POSA viewing the
`teachings of Inokawa would understand that the blue
`convex lens 27 would be focusing, redirecting light
`towards the center, and this light being from the
`measurement site. And this is consistent with
`Dr. Kenny's testimony, Paragraphs 119 and 120.
` MR. SMITH: I'm going to object as
`nonresponsive and we'll just move on.
` MR. LARSON: Objection;
`mischaracterizes.
` Go ahead.
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` Q. Okay. I'd like to take a look at
`Webster, which I believe we discussed yesterday, and
`it should be Exhibit 1019.
` (Whereupon, Exhibit 1019, Design of
`Pulse Oximeters, was identified.)
` A. Okay. I have opened Webster.
`BY MR. SMITH:
` Q. Okay. Let's go to Page 69 of the
`exhibit and that's going to be labeled as Page 52 of
`the book.
` A. Yes, I am on Page 69, which is of the
`PDF which is Page 52 of the Exhibit 1019, the Webster
`book.
` Q. Let's take a look at the -- it's the
`last full paragraph on that page. It is starting
`with, "The intensity of light scattered." Just let
`me know when you're there.
` A. Yeah, I'm at the last paragraph which
`starts with, "The intensity of the light scattered."
` Q. Yes.
` A. What is the question?
` Q. So that paragraph states that "the
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`intensity of the light scattered by the tissue
`depends on such factors as the red blood cell
`concentration in the blood; on the size, shape
`orientation, and index of refraction of the
`scattering particles; on the tissue thickness; and on
`the aperture cone of the detector."
` Do you see that?
` A. I see that Exhibit 1019 on Page 69
`discloses what you read.
` (Reporter clarification.)
` THE TECH: Yeah, I was going to say,
`Mr. Smith, you're m
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