`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 NO. 6:
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`SETTING PROCEDURAL SCHEDULE
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`(June 25, 2021)
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`In accordance with the parties’ proposed procedural schedule, submitted in response to
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`Order No. 5, I hereby adopt the Procedural Schedule set forth in Appendix A of the joint proposal
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`(and attached to this Order) as the procedural schedule in this Investigation, with the exception of
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`the date for filing reply post-trial briefs. The date for this filing will be Monday, April 25, 2022.
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`The due date for the final initial determination is set at Monday, June 27, 2022.
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`The adopted schedule assumes that the Markman hearing will be held by WebEx
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`videoconference, and the parties should prepare accordingly.
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`Lastly, although the schedule assumes that witnesses will testify in real time (that is, that
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`witness statements will not be used), they may need to testify via WebEx videoconference. If this
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`cannot be accomplished, the schedule may need to be modified to use witness statements in lieu
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`of direct testimony. The need for witness statements, and for any other accommodations, will be
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`evaluated on an ongoing basis.
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`These dates and the forum for the scheduled hearings, either via WebEx or in-person, are
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`subject to change because of restrictions and uncertainty due to the COVID-19 pandemic.
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`SO ORDERED.
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`_____________________________
`Cameron Elliot
`Administrative Law Judge
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`APPENDIX A
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`Event
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`File identification of expert witnesses, including their
`expertise and curriculum vitae
`File identification of rebuttal expert witnesses, including
`their expertise and curriculum vitae (if different than
`affirmative experts)
`Exchange list of claim terms to be construed
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`Date
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`July 23, 2021
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`August 6, 2021
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`August 18, 2021
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`Private parties exchange proposed claim constructions
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`August 27, 2021
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`Staff exchanges proposed claim constructions
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`September 3, 2021
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`Meet and confer to discuss and limit number of disputed
`claim terms
`Initial deadline for responses to contention interrogatories
`on issues for which the responding party bears the burden
`of proof
`Submission of joint proposed claim construction chart
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`September 9, 2021
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`September 10, 2021
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`September 13, 2021
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`Initial Markman Briefs (private parties)
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`September 22, 2021
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`File notice of prior art
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`Initial Markman Brief (Staff)
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`September 24, 2021
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`October 1, 2021
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`Event
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`Initial deadline for responses to contention interrogatories
`on issues for which the responding party does not bear the
`burden of proof
`Rebuttal Markman Briefs
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`Date
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`October 8, 2021
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`October 13, 2021
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`Joint Tutorial and Markman Hearing
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`October 26-27, 2021
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`Submission of updated joint proposed claim construction
`chart
`Deadline to meet and confer regarding reducing the
`number of claims and prior art references
`Cut-off date for supplements to responses to contention
`interrogatories on issues for which the responding party
`bears the burden of proof
`File tentative lists of witnesses a party will call to testify at
`the hearing, with an identification of each witness’
`relationship to the party
`Deadline for AliveCor to reduce the number of asserted
`claims
`Deadline for Apple to reduce the number of asserted
`invalidity theories for each asserted patent (including
`narrowing the number of prior art references and
`combination(s) thereof)
`Cut-off date for supplements to responses to contention
`interrogatories on issues for which the responding party
`does not bear the burden of proof
`Fact discovery cut-off and completion
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`November 5, 2021
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`November 8, 2021
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`November 12, 2021
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`November 12, 2021
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`November 12, 2021
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`November 17, 2021
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`November 24, 2021
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`December 10, 2021
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`Deadlines for motions to compel fact discovery
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`December 13, 2021
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`Exchange of initial expert reports (identify
`tests/surveys/data)
`Exchange of rebuttal expert reports
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`December 20, 2021
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`January 14, 2022
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`Deadline for filing motions for summary determination
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`January 27, 2022
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`Expert discovery cutoff and completion
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`February 2, 2022
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`Exchange of exhibit lists among the parties
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`February 4, 2022
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`Submit and serve exhibits, with physical exhibits available
`– Complainant and Respondents
`Submit and serve exhibits, with physical exhibits available
`– Staff
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`February 8, 2022
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`February 11, 2022
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`Event
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`Submit and serve rebuttal exhibits, with rebuttal physical
`exhibits available – all parties
`File pre-trial statements and briefs – Complainant and
`Respondents
`File pre-trial statement and brief – Staff
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`Deadline to file motions in limine
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`File responses to motions in limine
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`Pre-trial conference
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`Hearing
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`Date
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`February 16, 2022
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`February 22, 2022
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`March 3, 2022
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`March 7, 2022
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`March 17, 2022
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`March 28, 2022
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`Mar. 28-Apr. 1, 2022
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`File initial post-trial briefs and final exhibit lists
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`April 15, 2022
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`File reply post-trial briefs
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`Initial Determination
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`April 25, 2022
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`June 27, 2022
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`Target date for completion of investigation
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`October 26, 2022
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`Inv. No. 337-TA-1266
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`CERTAIN WEARABLE ELECTRONIC DEVICES
`WITH ECG CAPABILITY AND COMPONENTS
`THEREOF
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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 June 25, 2021.
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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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`On Behalf of Respondent Apple Inc.:
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`Benjamin C. Elacqua, Esq.
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Email: elacqua@fr.com
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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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`☐ 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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