UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC DEVICES
`WITH ECG FUNCTIONALITY AND
`COMPONENTS THEREOF
`
`Inv. No. 337-TA-1266
`
`
`ORDER NO. 16:
`
`INITIAL DETERMINATION GRANTING COMPLAINANT’S
`UNOPPOSED MOTION FOR PARTIAL TERMINATION BY
`WITHDRAWAL OF CERTAIN CLAIMS OF THE ASSERTED
`PATENTS
`
`
`(February 23, 2022)
`
`On February 18, 2022, Complainant AliveCor (“AliveCor”) moved (1266-010) for partial
`
`termination of the Investigation by withdrawal of claims 1-4, 6-14, and 18-20 of U.S. Patent No.
`
`9,572,499 (“the 499 patent”), claims 2, 4, 6, 7, 11, 13, 14, and 17-30 of U.S. Patent No. 10,595,731
`
`(“the 731 patent”), and claims 1-11, 14, 15, 17, and 18 of U.S. Patent No. 10,638,941 (“the 941
`
`patent”). Mot. at 1. AliveCor filed a corrected version on February 22, 2022. AliveCor states that
`
`Respondent Apple Inc. (“Apple”) does not oppose the motion. Staff filed a response on February
`
`22, 2022, and supports the motion. Response of the Commission Investigative Staff at 1.
`
`
`
`AliveCor states that “the requested partial termination serves the public interest because it
`
`will reduce the number of disputed issues in this Investigation, thereby conserving Commission,
`
`ALJ, and party resources.” Mot. at 4. Further, pursuant to Commission Rule 210.21(a), AliveCor
`
`certifies that “[t]here are no agreements, written or oral, express or implied between the parties
`
`concerning the subject matter of the investigation” beyond the agreements already filed with the
`
`Commission. Id.
`
`Commission Rule 210.21(a) provides, in relevant part:
`
`
`
`
`
`

`

`[a]ny party may move at any time prior to the issuance of an initial
`determination on violation of section 337 of the Tariff Act of 1930
`to terminate an investigation in whole or in part as to any or all
`respondents, on the basis of withdrawal of the complaint or certain
`allegations contained therein . . . . A motion for termination of
`an investigation based on withdrawal of the complaint, or for good
`cause, shall contain a statement that there are no agreements, written
`or oral, express or implied between the parties concerning the
`subject matter of the investigation, or if there are any agreements
`concerning the subject matter of the investigation, all such
`agreements shall be identified, and if written, a copy shall be filed
`with the Commission along with the motion. If the agreement
`contains confidential business information within the meaning of §
`201.6(a) of this chapter, at least one copy of the agreement with such
`information deleted shall accompany the motion, in addition to a
`copy of the confidential version. On motion for good cause shown,
`the administrative law judge may limit service of the agreements to
`the settling parties and the Commission investigative attorney. The
`presiding administrative law judge may grant the motion in an initial
`determination upon such terms and conditions as he deems proper.
`
`19 C.F.R. § 210.21(a)(1). The Commission has further stated that “in the absence of extraordinary
`
`circumstances, termination of the Investigation will be granted to a complainant during the
`
`prehearing stage of an investigation.” Certain Ultrafiltration Sys. and Components Thereof,
`
`Including Ultrafiltration Membranes, Inv. No. 337-TA-107, Comm’n Action and Order at 2 (Mar.
`
`11, 1982).
`
`
`
`Based on the pleadings and arguments therein, I find no extraordinary circumstances that
`
`would prevent the requested partial termination of this investigation. I also find that AliveCor has
`
`complied with the requirements of Commission Rule 210.21(a). I appreciate the Parties’ good
`
`faith efforts in narrowing the scope of this case.
`
`Accordingly, it is my Initial Determination to grant AliveCor’s motion (1266-010) for
`
`partial termination of the Investigation by withdrawal of claims 1-4, 6-14, and 18-20 of the 499
`
`2
`
`
`

`

`patent, claims 2, 4, 6, 7, 11, 13, 14, and 17-30 of the 731 patent, and claims 1-11, 14, 15, 17, and
`
`18 of the 941 patent. The remaining patents and claims at issue are:
`
`
`
`
`
`This Initial Determination is hereby certified to the Commission.
`
`
`
`Pursuant to 19 C.F.R. § 210.42(h), this Initial Determination shall be the determination of
`
`the Commission unless a party files a petition for review 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.
`
`
`SO ORDERED.
`
`
`
`
`
`_____________________________
`Cameron Elliot
`Administrative Law Judge
`
`3
`
`
`