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`EXHIBIT 11
`EXHIBIT 11
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`APPLE 1037
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`APPLE 1037
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`1
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`1
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`08718-00001/12588614.1
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`theories under which Respondent’s products infringe this patent.
`preliminary and AliveCor’s investigation into Respondent’s infringement is ongoing. AliveCor reserves the right to provide additional
`include the Apple Watch Series 6, the Apple Watch Series 5, and the Apple Watch Series 4. The infringement analysis in this chart is
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`1 This chart describes infringement by the Apple Watch Series 6, an exemplary Accused Product. The Accused Products
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`photoplethysmography sensor is a heart rate sensor.
`Apple Watch uses what is known as photoplethysmography.” https://support.apple.com/en-us/HT204666. This
`https://support.apple.com/kb/SP826?locale=en_IN. As Apple Support explains, “The optical heart sensor in
`example, The Apple Watch Series 6 Technical Specifications mention a “third-generation optical heart sensor.”
`The Accused Products sense a heart rate of said first user with a heart rate sensor coupled to said first user. For
`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`two software as medical device features to detect heart arrhythmias such as atrial fibrillation.”
`document “Using Apple Watch for Arrhythmia Detection” states that, “Apple Watch customers have access to
`The Accused Products are systems for determining the presence of an arrhythmia. For example, Apple’s
`
`The Accused Products perform a method of determining a presence of an arrhythmia of a first user.
`
`Apple Watch
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`
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`
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`Apple’s documentation shows that the LED and photodiodes that comprise the PPG sensor are located on the
`The sensor is coupled to the user because it is on the back of the watch and makes contact with the user’s wrist.
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`
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`number of times the heart beats each minute — your heart rate.” Id.
`As Apple states, “By flashing its LED lights hundreds of times per second, Apple Watch can calculate the
`
`said first user;
`sensor coupled to
`with a heart rate
`of said first user
`sensing a heart rate
`method comprising
`first user, said
`arrhythmia of a
`presence of an
`determining a
`1.P A method of
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`1.1
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`Claim
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`Exhibit 11: Infringement of U.S. Patent No. 9,572,499 by Apple Watch1
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`2
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`2
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`computing device is configured to sense an electrocardiogram. For example, Apple’s documentation states,
`The Accused Products transmit the rate of said first user to a mobile computing device, wherein said mobile
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`08718-00001/12588614.1
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`
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`said mobile
`device, wherein
`mobile computing
`first user to a
`heart rate of said
`transmitting said
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`1.2
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`back of the Apple Watch. https://support.apple.com/en-us/HT204666.
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`Apple Watch
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`Claim
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`3
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`3
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`based on said heart rate of said first user.
`The Accused Products determine, using said mobile computing device, a heart rate variability of said first user
`https://support.apple.com/en-us/HT208955.
`Series 6 and then check the recording for atrial fibrillation (AFib), a form of irregular rhythm.”
`can record your heartbeat and rhythm using the electrical heart sensor on Apple Watch Series 4, Series 5, or
`The Accused Products are configured to sense an electrocardiogram of the user. As Apple states, “The ECG app
`
`
`
`
`
`Apple Watch
`
`https://support.apple.com/en-us/HT204666.
`
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`
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`to said activity level of said first user.
`The Accused Products compare, using said mobile computing device, said heart rate variability of said first user
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`
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`gyroscope/.
`https://developer.apple.com/design/human-interface-guidelines/watchos/interaction/accelerometer-and-
`wearer’s activity level and track specific types of movement, such as arm movements made during a workout.”
`“can use motion data” from the Apple Watch’s accelerometer and gyroscope to “use motion data to gauge the
`https://support.apple.com/en-us/HT204666. In its guidance to its developers, Apple also states that a developer
`Series 6 contains an accelerometer and gyroscope that are both used to measure the user’s motion and activity.
`The Accused Products sense the activity level of the user with a motion sensor. For example, the Apple Watch
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`
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`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`time between heartbeats—every two to four hours.”
`The PPG sensor is also used to calculate “heart rate variability” by “captur[ing] a tachogram—a plot of the
`number of times the heart beats each minute — your heart rate.” https://support.apple.com/en-us/HT204666.
`Apple states that “By flashing its LED lights hundreds of times per second, Apple Watch can calculate the
`
`08718-00001/12588614.1
`
`
`
`computing device,
`said mobile
`comparing, using
`
`1.5
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`sensor;
`user with a motion
`level of said first
`sensing an activity
`
`said first user;
`said heart rate of
`first user based on
`variability of said
`a heart rate
`computing device,
`said mobile
`determining, using
`
`1.4
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`1.3
`
`electrocardiogram;
`sense an
`is configured to
`computing device
`
`Claim
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`4
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`4
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`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`access to two software as medical device features to detect heart arrhythmias such as atrial fibrillation.”
`Apple’s document “Using Apple Watch for Arrhythmia Detection” states that, “Apple Watch customers have
`The Accused Products are systems for determining the presence of an arrhythmia of a first user. For example,
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
`
`
`
`gyroscope/.
`https://developer.apple.com/design/human-interface-guidelines/watchos/interaction/accelerometer-and-
`the Apple Watch’s accelerometer and gyroscope to “gauge the wearer’s activity level.”
`the processor. In its guidance to its developers, Apple also states that a developer “can use motion data” from
`The Apple Watch’s memory also contains instructions to sense the activity level of the user and feed the data to
`
`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`time between heartbeats—every two to four hours.”
`The PPG sensor is also used to calculate “heart rate variability” by “captur[ing] a tachogram—a plot of the
`number of times the heart beats each minute — your heart rate.” https://support.apple.com/en-us/HT204666.
`Apple states that “By flashing its LED lights hundreds of times per second, Apple Watch can calculate the
`
`Apple Watch
`
`
`
`novo classification request to the FDA regarding its irregular rhythm notification:
`you receive an irregular rhythm notification.” https://support.apple.com/en-us/HT208955. From Apple’s de
`such as a rapid or skipped heartbeat, when you have other general concerns about your heart health, or when
`https://support.apple.com/en-us/HT208931. “You can take an ECG at any time, when you’re feeling symptoms
`check for an irregular rhythm that might be suggestive of atrial fibrillation (AFib).”
`“The irregular rhythm notification feature on your Apple Watch will occasionally look at your heartbeat to
`
`
`
`computing device, in response to an irregularity in said heart rate variability of said first user.
`The Accused Products alert the user to sense an electrocardiogram of said first user, using said mobile
`https://support.apple.com/en-us/HT208931.
`check for an irregular rhythm that might be suggestive of atrial fibrillation (AFib).”
`“The irregular rhythm notification feature on your Apple Watch will occasionally look at your heartbeat to
`
`
`
`08718-00001/12588614.1
`
`
`
`arrhythmia of a
`presence of an
`determining the
`
`11.P A system for
`
`first user.
`variability of said
`heart rate
`irregularity in said
`in response to an
`computing device,
`using said mobile
`of said first user,
`electrocardiogram
`user to sense an
`alerting said first
`
`1.6
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`said first user; and
`activity level of
`first user to said
`variability of said
`said heart rate
`
`Claim
`
`
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`5
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`

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`5
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`08718-00001/12588614.1
`
`
`
`Apple’s documentation shows that the LED and photodiodes that comprise the PPG sensor are located on the
`The sensor is coupled to the user because it is on the back of the watch and makes contact with the user’s wrist.
`
`number of times the heart beats each minute — your heart rate.” Id.
`As Apple states, “By flashing its LED lights hundreds of times per second, Apple Watch can calculate the
`
`photoplethysmography sensor is a heart rate sensor.
`Apple Watch uses what is known as photoplethysmography.” https://support.apple.com/en-us/HT204666. This
`https://support.apple.com/kb/SP826?locale=en_IN. As Apple Support explains, “The optical heart sensor in
`6 Technical Specifications mention a “third-generation optical heart sensor.”
`The Accused Products have a heart rate sensor coupled to said first user. For example, The Apple Watch Series
`
`
`
`
`
`Apple Watch
`
`11.1 a heart rate sensor
`
`first user;
`coupled to said
`
`comprising
`first user,
`Claim
`
`6
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`

`

`6
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`electrocardiogram of said first user.
`device is coupled to said heart rate sensor, and wherein said mobile computing device is configured to sense an
`The Accused Products are mobile computing devices comprising a processor, wherein said mobile computing
`
`
`
`Technical Specifications. https://support.apple.com/kb/SP826?locale=en_IN.
`For instance, the Apple Watch Series 6 contains the S6 System in Package, (SiP), described in Apple’s
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`
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`08718-00001/12588614.1
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`
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`computing device
`said mobile
`processor, wherein
`comprising a
`computing device
`
`11.2 a mobile
`
`back of the Apple Watch. https://support.apple.com/en-us/HT204666.
`
`Apple Watch
`
`Claim
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`7
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`7
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`the Apple Watch’s processor. https://support.apple.com/kb/SP826?locale=en_IN.
`computer readable medium, encoded with watchOS, a computer program including instructions executable by
`https://support.apple.com/kb/SP826?locale=en_IN. The Apple Watch Series 6 contains storage, a non-transitory
`For example, Apple’s Technical specifications show that the Apple Watch Series 6 contains 32GB of storage.
`
`values of the user.
`The Apple Watch collects, creates, and causes its processor to receive the heart rate and heart rate variability
`
`
`
`
`
`gyroscope/.
`https://developer.apple.com/design/human-interface-guidelines/watchos/interaction/accelerometer-and-
`wearer’s activity level and track specific types of movement, such as arm movements made during a workout.”
`“can use motion data” from the Apple Watch’s accelerometer and gyroscope to “use motion data to gauge the
`https://support.apple.com/en-us/HT204666. In its guidance to its developers, Apple also states that a developer
`accelerometer and gyroscope that are both used to measure the user’s motion and activity.
`The Accused Products contain a motion sensor. For example, the Apple Watch Series 6 contains an
`
`
`
`electrocardiogram using said mobile computing device.
`said first user to said heart rate variability of said first user, and alert said first user to record an
`heart rate variability of said first user based on said heart rate of said first user, compare and activity level of
`user from said heart rate sensor, sense an activity level of said first user from said motion sensor, determine a
`including instructions executable by said processor to cause said processor to receive a heart rate of said first
`The Accused Products contain a non-transitory computer readable medium encoded with a computer program
`
`https://support.apple.com/en-us/HT208955.
`Series 6 and then check the recording for atrial fibrillation (AFib), a form of irregular rhythm.”
`can record your heartbeat and rhythm using the electrical heart sensor on Apple Watch Series 4, Series 5, or
`The Accused Products are configured to sense an electrocardiogram of the user. As Apple states, “The ECG app
`
`Apple Watch
`
`
`
`08718-00001/12588614.1
`
`
`
`activity level of
`sensor, sense an
`from said heart rate
`of said first user
`receive a heart rate
`said processor to
`processor to cause
`executable by said
`instructions
`program including
`with a computer
`medium encoded
`computer readable
`
`11.4 a non-transitory
`
`and
`of said first user;
`electrocardiogram
`an
`configured to sense
`device is
`mobile computing
`and wherein said
`heart rate sensor,
`is coupled to said
`
`Claim
`
`11.3 a motion sensor
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`8
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`

`

`8
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`08718-00001/12588614.1
`
`
`
`
`
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
`
`
`
`novo classification request to the FDA regarding its irregular rhythm notification:
`you receive an irregular rhythm notification.” https://support.apple.com/en-us/HT208955. From Apple’s de
`such as a rapid or skipped heartbeat, when you have other general concerns about your heart health, or when
`https://support.apple.com/en-us/HT208931. “You can take an ECG at any time, when you’re feeling symptoms
`check for an irregular rhythm that might be suggestive of atrial fibrillation (AFib).”
`“The irregular rhythm notification feature on your Apple Watch will occasionally look at your heartbeat to
`
`
`
`gyroscope/.
`https://developer.apple.com/design/human-interface-guidelines/watchos/interaction/accelerometer-and-
`the Apple Watch’s accelerometer and gyroscope to “gauge the wearer’s activity level.”
`the processor. In its guidance to its developers, Apple also states that a developer “can use motion data” from
`The Apple Watch’s memory also contain instructions to sense the activity level of the user and feed the data to
`
`
`
`
`
`Apple Watch
`
`
`
`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`time between heartbeats—every two to four hours.”
`The PPG sensor is also used to calculate “heart rate variability” by “captur[ing] a tachogram—a plot of the
`number of times the heart beats each minute — your heart rate.” https://support.apple.com/en-us/HT204666.
`Apple states that “By flashing its LED lights hundreds of times per second, Apple Watch can calculate the
`
`computing device.
`using said mobile
`electrocardiogram
`record an
`said first user to
`first user, and alert
`variability of said
`said heart rate
`of said first user to
`[sic] activity level
`user, compare and
`rate of said first
`based on said heart
`said first user
`rate variability of
`determine a heart
`said motion sensor,
`said first user from
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`Claim
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`9
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