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 COMMISSION DETERMINATION TO EXTEND THE DATE FOR
`DECIDING WHETHER TO REVIEW THE FINAL INITIAL DETERMINATION
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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 has
`determined to extend the date for determining whether to review the final initial determination
`(“ID”) of the presiding administrative law judge (“ALJ”) from August 26, 2022, to September
`22, 2022.
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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 (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 claims of U.S. Patent Nos.
`10,595,731 (“the ’731 patent”); 10,638,941 (“the ’941 patent”); and 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 is
`named as a party in this investigation. Id.
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`On June 27, 2022, the ALJ issued the final ID finding a violation of section 337 as to the
`’941 and ’731 patents, and no violation of section 337 as to the ’499 patent.
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`On July 11, 2022, Apple filed a petition for review of the ID and AliveCor filed a
`combined petition and contingent petition for review of the ID. On July 19, 2022, the private
`parties and OUII filed responses to the petitions.
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`The Commission has determined to extend the due date for determining whether to
`review the final ID from August 26, 2022, to September 22, 2022.
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`The Commission vote for this determination took place on August 25, 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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` Katherine M. Hiner
` Acting Secretary to the Commission
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`Issued: August 25, 2022
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