`Washington, D.C.
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`In the Matter of
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`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG
`FUNCTIONALITY AND COMPONENTS
`THEREOF
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`Inv. No. 337-TA-1266
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`ORDER DENYING REQUEST FOR ENTRY INTO EARLY DISPOSITION PROGRAM
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`On May 4, 2021, proposed respondent Apple Inc. (“Apple”) submitted a letter requesting
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`that the Commission use the Early Disposition Program to determine whether Complainant
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`AliveCor, Inc. (“AliveCor”) satisfies the domestic industry requirement under 19 U.S.C. §
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`1337(a)(3). See EDIS Doc. ID No. 741559. Apple argues that AliveCor’s KardiaBand and
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`SmartRhythm domestic industry products have been withdrawn from the market and therefore
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`cannot form the basis of a domestic industry. See id. at 2-3. Apple also argues that AliveCor’s
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`allegations regarding a domestic industry in the process of being established are not supported by
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`the public versions of the Complaint and exhibits. See id. at 3-4.
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`The Commission has determined not to use the Early Disposition Program pursuant to 19
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`C.F.R. § 210.10(b)(3) for this investigation because the suggested domestic industry issues for
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`resolution may be too unwieldy to be decided within 100 days of institution. In addition, the
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`proposed respondent has not demonstrated that deciding the issues by early disposition would be
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`most efficient for the parties or for the Commission. Accordingly, the Commission hereby
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`DENIES the Request.
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`The Secretary shall serve copies of this Order upon each party of record in these
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`investigations.
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`By order of the Commission.
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`Issued: May 20, 2021
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`Lisa R. Barton
`Secretary to the Commission
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`2
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`CERTAIN WEARABLE ELECTRONIC DEVICES
`WITH ECG CAPABILITY AND COMPONENTS
`THEREOF
`
`Inv. No. 337-TA-1266
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`Certificate of Service – Page 1
`PUBLIC CERTIFICATE OF SERVICE
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`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, Whitney Winston, Esq., and the following
`parties as indicated, on May 20, 2021.
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
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`On Behalf of Complainant AliveCor, Inc. :
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`S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`1300 I Street NW, Suite 900
`Washington, DC 20005
`Email: alexlasher@quinnemanuel.com
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`Respondents:
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`Apple Inc.
`One Apple Park Way,
`Cupertino, CA 95014
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
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`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainant
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