`
`Washington, D.C.
`
`In the Matter of
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
` Inv. No. 337-TA-1266
`
`NOTICE OF INITIAL DETERMINATION
`ON VIOLATION OF SECTION 337
`
`Administrative Law Judge Cameron Elliot
`(June 27, 2022)
`
`
`
`
`
`
`
`
`On this date, I issued an initial determination on violation of section 337 in the above-
`
`referenced investigation. Below are my Initial Determination and the Conclusions of Law from
`
`said filing, which are a matter of public record. A complete public version of the Initial
`
`Determination will issue when all the parties have submitted their redactions and I have had an
`
`opportunity to review such redactions.
`
`SO ORDERED.
`
`
`
`
`
`
`
`
`
`_____________________________
`Cameron Elliot
`Administrative Law Judge
`
`
`
`1
`
`
`
`CONCLUSIONS OF LAW
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`ALC has proven infringement of claims 12, 13, 19, 20, 21, 22, and 23 of U.S. Patent
`No. 10,683,941 by the Accused Products.
`
`ALC has proven infringement of claims 1, 3, 5, 8, 9, 10, 12, 15, and 16 of U.S.
`Patent No. 10,595,731 by the Accused Products.
`
`ALC has not proven infringement of claims 16 or 17 of U.S. Patent No. 9,572,499
`by the Accused Products.
`
`Apple has not proven any claim of U.S. Patent No. 10,683,941 invalid.
`
`Apple has proven claims 1, 8, 12, and 16 of U.S. Patent No. 10,595,731 are invalid
`as obvious under 35 U.S.C. § 103, and otherwise has not proven any claim invalid.
`
`Apple has proven claim 17 of U.S. Patent No. 9,572,499 is invalid for lack of
`patentable subject matter under 35 U.S.C. § 101, and otherwise has not proven any
`claim invalid.
`
`ALC has proven the existence of a domestic industry as required by 19 U.S.C. §
`1337(a)(2) for U.S. Patent Nos. 10,683,941, 10,595,731, and 9,572,499, in that it
`has proven that a domestic industry exists that practices at least one valid claim of
`each patent.
`
`There is a violation of section 337 with respect to U.S. Patent No. 10,683,941.
`
`There is a violation of section 337 with respect to U.S. Patent No. 10,595,731.
`
`10.
`
`There is no violation of section 337 with respect to U.S. Patent No. 9,572,499.
`
`
`INITIAL DETERMINATION AND ORDER
`Based on the foregoing, it is my Initial Determination that there is a violation of Section
`
`337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337, in 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 in connection with
`
`the asserted claims of U.S. Patent Nos. 10,638,941 and 10,595,731. There has been no violation
`
`of U.S. Patent No. 9,572,499.
`
`
`
`
`
`2
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`
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