By John Presper

On August 13, 2021, the ITC issued a Notice of Investigation in Certain Light-Based Physiological Measurement Devices and Components Thereof (Inv. No. 337-TA-1276).

By way of background, this investigation is based on a June 30, 2021 complaint (as amended) filed by Masimo Corporation and Cercacor Laboratories, Inc. of Irvine, California (collectively, “Complainants”) alleging a violation of section 337 by Respondent Apple Inc. of Cupertino, California (“Apple”) in the unlawful importation and/or sale in the U.S. of certain light-based physiological measurement devices and components thereof by reason of infringement of certain claims of U.S. Patent No. 10,912,501; U.S. Patent No. 10,912,502; U.S. Patent 10,945,648; U.S. Patent No. 10,687,745; and U.S. Patent No. 7,761,127.

According to the complaint, the asserted patents relate to devices for the non-invasive measurement of physiological parameters such as blood oxygen saturation and pulse rate.  The accused products are wearable electronic devices with light-based pulse oximetry functionality, including various devices made by Apple, such as the Apple Watch Series 6.  Complainants are requesting that the Commission issue a limited exclusion order and permanent cease-and-desist order directed to Apple.  According to the Notice of Investigation, the Office of Unfair Import Investigations will not participate as a party in the investigation.  Lastly, Chief ALJ Charles E. Bullock issued a notice indicating that he will preside in the investigation.