`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
`
`
`
`Inv. No. 337-TA-1266
`
`
`ORDER NO. 4:
`
`
`
`INITIAL DETERMINATION SETTING THE TARGET DATE AT
`SEVENTEEN MONTHS
`
`(June 10, 2021)
`
`By publication of a notice in the Federal Register on May 26, 2021, pursuant to subsection
`
`(b) of section 337 of the Tariff Act of 1930, as amended, the Commission instituted this
`
`investigation to determine:
`
`[W]hether there is a violation of subsection (a)(l)(B) of section 337 in the
`importation into the United States, the sale for importation, or the sale within the
`United States after importation of certain products identified in paragraph (2) by
`reason of infringement of one or more of claims 1-30 of the '731 patent; claims 1-
`23 of the '941 patent; claims 1-4, 6-14, 16-20 of the '499 patent, and whether an
`industry in the United States exists or is in the process of being established as
`required by subsection (a)(2) of section 337.
`
`86 Fed. Reg. 28382 (May 26, 2021).
`
`
`Pursuant to Commission Rule 210.10(b)(1), 19 C.F.R. § 210.10(b)(1), the plain language
`
`description of the accused products or category of accused products, which defines the scope of
`
`the investigation, is "Apple Watches with ECG functionality, and hardware and software
`
`components thereof." Id.
`
`Pursuant to Commission Rule 210.51(a), a target date for completion of the investigation
`
`must be set. Complainant proposed sixteen (16) months, Respondent proposed eighteen (18)
`
`months, and the Commission Office of Unfair Import Investigations (“Staff”) proposed sixteen
`
`(16) months. EDIS Doc. No. 744419.
`
`1
`
`
`
`I have hearings for other investigations scheduled in late January and late February, thus
`
`making a 16 month target date for this case impracticable. Therefore, the target date for this
`
`investigation shall be October 26, 2022, which is seventeen (17) months from the date that the
`
`Notice of Investigation was published in the Federal Register. See 19 C.F.R. § 210.51(a); 19
`
`C.F.R. § 201.14(a). Consequently, any final initial determination will be due by June 27, 2022.
`
`See 19 C.F.R. § 210.42(a)(1)(i). These dates are subject to change because of restrictions and
`
`uncertainty due to the COVID-19 pandemic.
`
`Pursuant to 19 C.F.R. § 210.42(h), this initial determination shall become the determination
`
`of the Commission thirty (30) days after the date of service of the initial determination, unless a
`
`party files a petition for review of the initial determination within five (5) business days after
`
`service of the initial determination pursuant to 19 C.F.R. § 210.43(a), or the Commission, pursuant
`
`to 19 C.F.R. § 210.44, orders on its own motion a review of the initial determination or certain
`
`issues herein. Any issue or argument not raised in a petition for review, or response thereto, will
`
`be deemed to have been abandoned and may be disregarded by the Commission in reviewing the
`
`Initial Determination pursuant to 19 C.F.R. §§ 210.43(b) and (c).
`
`
`
`
`
`
`
`SO ORDERED.
`
`
`
`
`
`
`
`_____________________________
`Cameron Elliot
`Administrative Law Judge
`
`2
`
`
`
`Inv. No. 337-TA-1266
`
`CERTAIN WEARABLE ELECTRONIC DEVICES
`WITH ECG CAPABILITY AND COMPONENTS
`THEREOF
`
`Certificate of Service – Page 1
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached INITIAL DETERMINATION has
`been served via EDIS upon the Commission Investigative Attorney, Whitney Winston, Esq.,
`and the following parties as indicated, on June 10, 2021.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainant
`
`
`
`
`
`
`On Behalf of Complainant AliveCor, Inc. :
`
`S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`1300 I Street NW, Suite 900
`Washington, DC 20005
`Email: alexlasher@quinnemanuel.com
`
`On Behalf of Respondent Apple Inc.:
`
`Benjamin C. Elacqua, Esq.
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Email: elacqua@fr.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
