UNITED STATES INTERNATIONAL TRADE COMMISSION
`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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`Investigation No. 337-TA-1266
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`NOTICE OF A COMMISSION DETERMINATION NOT TO REVIEW AN INITIAL
`DETERMINATION GRANTING AN UNOPPOSED MOTION TO TERMINATE THE
`INVESTIGATION AS TO CERTAIN ASSERTED PATENT CLAIMS
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`AGENCY: U.S. International Trade Commission.
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`ACTION: Notice.
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`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined not to review an initial determination (“ID”) (Order No. 16) of
`the presiding administrative law judge (“ALJ”) granting an unopposed motion to terminate the
`investigation as to certain asserted patent claims.
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`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal, telephone (202) 205-1810.
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`SUPPLEMENTARY INFORMATION: On May 26, 2021, the Commission instituted this
`investigation based on a complaint filed by AliveCor, Inc. of Mountain View, California
`(“AliveCor”). 86 FR 28382-88 (May 26, 2021). The complaint alleged violations of section 337
`based on the importation into the United States, the sale for importation, or the sale within the
`United States after importation of certain wearable electronic devices with ECG functionality
`and components thereof by reason of infringement of one or more of claims 1-30 of U.S. Patent
`No. 10,595,731 (“the ’731 patent”); claims 1-23 of U.S. Patent No. 10,638,941 (“the ’941
`patent”); and claims 1-4, 6-14, 16-20 of U.S. Patent No. 9,572,499 (“the ’499 patent”). Id. The
`Commission’s notice of investigation named Apple Inc. of Cupertino, California (“Apple”) as
`the sole respondent. The Office of Unfair Import Investigations (“OUII”) is named as a party in
`this investigation. Id.
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`On February 18, 2022, AliveCor moved to terminate the investigation as to (1) claims 1-
`4, 6-14, and 18-20 of the ’499 patent; (2) claims 2, 4, 6, 7, 11, 13, 14, and 17-30 of the ’731
`patent; and (3) claims 1-11, 14, 15, 17, and 18 of the ’941 patent. AliveCor stated that Apple
`does not oppose the motion. On February 22, 2022, OUII filed a response in support of the
`motion.
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`On February 23, 2022, the ALJ issued the subject ID (Order No. 16) granting AliveCor’s
`unopposed motion. The subject ID found that the motion complies with Commission Rule
`210.21(a)(1), which provides inter alia that “[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 . . . on the basis of withdrawal of the complaint or
`certain allegations contained therein . . . .” 19 CFR 210.21(a)(1). ID at 1-2. The subject ID
`further found that no extraordinary circumstances prevent granting the motion. We note that
`pursuant to 19 CFR 210.21(a)(1), AliveCor confirms that there are no agreements, written or
`oral, express or implied between the parties concerning the subject matter of the investigation.
`AliveCor Motion at 4. No one petitioned for review of the ID.
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` The Commission has determined not to review the subject ID. The investigation is
`hereby terminated as to (1) claims 1-4, 6-14, and 18-20 of the ’499 patent; (2) claims 2, 4, 6, 7,
`11, 13, 14, and 17-30 of the ’731 patent; and (3) claims 1-11, 14, 15, 17, and 18 of the ’941
`patent.
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`The Commission vote for this determination took place on March 18, 2022.
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`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in Part 210 of the Commission’s Rules of
`Practice and Procedure (19 CFR Part 210).
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`By order of the Commission.
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`Issued: March 18, 2022
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`Lisa R. Barton
`Secretary to the Commission
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