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. 6:
`
`
`
`
`SETTING PROCEDURAL SCHEDULE
`
`(June 25, 2021)
`
`In accordance with the parties’ proposed procedural schedule, submitted in response to
`
`Order No. 5, I hereby adopt the Procedural Schedule set forth in Appendix A of the joint proposal
`
`(and attached to this Order) as the procedural schedule in this Investigation, with the exception of
`
`the date for filing reply post-trial briefs. The date for this filing will be Monday, April 25, 2022.
`
`The due date for the final initial determination is set at Monday, June 27, 2022.
`
`The adopted schedule assumes that the Markman hearing will be held by WebEx
`
`videoconference, and the parties should prepare accordingly.
`
`Lastly, although the schedule assumes that witnesses will testify in real time (that is, that
`
`witness statements will not be used), they may need to testify via WebEx videoconference. If this
`
`cannot be accomplished, the schedule may need to be modified to use witness statements in lieu
`
`of direct testimony. The need for witness statements, and for any other accommodations, will be
`
`evaluated on an ongoing basis.
`
`
`
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`
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`AliveCor Ex. 2006 - Page 1
`
`
`Washington, D.C.
`
`
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
`
`
`
`
`Inv. No. 337-TA-1266
`
`
`ORDER NO. 6:
`
`
`
`
`SETTING PROCEDURAL SCHEDULE
`
`(June 25, 2021)
`
`In accordance with the parties’ proposed procedural schedule, submitted in response to
`
`Order No. 5, I hereby adopt the Procedural Schedule set forth in Appendix A of the joint proposal
`
`(and attached to this Order) as the procedural schedule in this Investigation, with the exception of
`
`the date for filing reply post-trial briefs. The date for this filing will be Monday, April 25, 2022.
`
`The due date for the final initial determination is set at Monday, June 27, 2022.
`
`The adopted schedule assumes that the Markman hearing will be held by WebEx
`
`videoconference, and the parties should prepare accordingly.
`
`Lastly, although the schedule assumes that witnesses will testify in real time (that is, that
`
`witness statements will not be used), they may need to testify via WebEx videoconference. If this
`
`cannot be accomplished, the schedule may need to be modified to use witness statements in lieu
`
`of direct testimony. The need for witness statements, and for any other accommodations, will be
`
`evaluated on an ongoing basis.
`
`
`
`
`
`
`
`AliveCor Ex. 2006 - Page 1
`
`
`
`These dates and the forum for the scheduled hearings, either via WebEx or in-person, are
`
`subject to change because of restrictions and uncertainty due to the COVID-19 pandemic.
`
`
`
`
`SO ORDERED.
`
`
`
`
`
`
`_____________________________
`Cameron Elliot
`Administrative Law Judge
`
`
`
`AliveCor Ex. 2006 - Page 2
`
`
`
`APPENDIX A
`
`
`
`Event
`
`File identification of expert witnesses, including their
`expertise and curriculum vitae
`File identification of rebuttal expert witnesses, including
`their expertise and curriculum vitae (if different than
`affirmative experts)
`Exchange list of claim terms to be construed
`
`Date
`
`July 23, 2021
`
`August 6, 2021
`
`August 18, 2021
`
`Private parties exchange proposed claim constructions
`
`August 27, 2021
`
`Staff exchanges proposed claim constructions
`
`September 3, 2021
`
`Meet and confer to discuss and limit number of disputed
`claim terms
`Initial deadline for responses to contention interrogatories
`on issues for which the responding party bears the burden
`of proof
`Submission of joint proposed claim construction chart
`
`September 9, 2021
`
`September 10, 2021
`
`September 13, 2021
`
`Initial Markman Briefs (private parties)
`
`September 22, 2021
`
`File notice of prior art
`
`Initial Markman Brief (Staff)
`
`September 24, 2021
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`October 1, 2021
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`AliveCor Ex. 2006 - Page 3
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`
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`Event
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`Initial deadline for responses to contention interrogatories
`on issues for which the responding party does not bear the
`burden of proof
`Rebuttal Markman Briefs
`
`Date
`
`October 8, 2021
`
`October 13, 2021
`
`Joint Tutorial and Markman Hearing
`
`October 26-27, 2021
`
`Submission of updated joint proposed claim construction
`chart
`Deadline to meet and confer regarding reducing the
`number of claims and prior art references
`Cut-off date for supplements to responses to contention
`interrogatories on issues for which the responding party
`bears the burden of proof
`File tentative lists of witnesses a party will call to testify at
`the hearing, with an identification of each witness’
`relationship to the party
`Deadline for AliveCor to reduce the number of asserted
`claims
`Deadline for Apple to reduce the number of asserted
`invalidity theories for each asserted patent (including
`narrowing the number of prior art references and
`combination(s) thereof)
`Cut-off date for supplements to responses to contention
`interrogatories on issues for which the responding party
`does not bear the burden of proof
`Fact discovery cut-off and completion
`
`November 5, 2021
`
`November 8, 2021
`
`November 12, 2021
`
`November 12, 2021
`
`November 12, 2021
`
`November 17, 2021
`
`November 24, 2021
`
`December 10, 2021
`
`Deadlines for motions to compel fact discovery
`
`December 13, 2021
`
`Exchange of initial expert reports (identify
`tests/surveys/data)
`Exchange of rebuttal expert reports
`
`December 20, 2021
`
`January 14, 2022
`
`Deadline for filing motions for summary determination
`
`January 27, 2022
`
`Expert discovery cutoff and completion
`
`February 2, 2022
`
`Exchange of exhibit lists among the parties
`
`February 4, 2022
`
`Submit and serve exhibits, with physical exhibits available
`– Complainant and Respondents
`Submit and serve exhibits, with physical exhibits available
`– Staff
`
`February 8, 2022
`
`February 11, 2022
`
`
`
`AliveCor Ex. 2006 - Page 4
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`
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`Event
`
`Submit and serve rebuttal exhibits, with rebuttal physical
`exhibits available – all parties
`File pre-trial statements and briefs – Complainant and
`Respondents
`File pre-trial statement and brief – Staff
`
`Deadline to file motions in limine
`
`File responses to motions in limine
`
`Pre-trial conference
`
`Hearing
`
`Date
`
`February 16, 2022
`
`February 22, 2022
`
`March 3, 2022
`
`March 7, 2022
`
`March 17, 2022
`
`March 28, 2022
`
`Mar. 28-Apr. 1, 2022
`
`File initial post-trial briefs and final exhibit lists
`
`April 15, 2022
`
`File reply post-trial briefs
`
`Initial Determination
`
`April 25, 2022
`
`June 27, 2022
`
`Target date for completion of investigation
`
`October 26, 2022
`
`
`
`
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`AliveCor Ex. 2006 - Page 5
`
`
`
`Inv. No. 337-TA-1266
`
`CERTAIN WEARABLE ELECTRONIC DEVICES
`WITH ECG CAPABILITY AND COMPONENTS
`THEREOF
`
`Certificate of Service – Page 1
`PUBLIC CERTIFICATE OF SERVICE
`
`I, Lisa R. Barton, hereby certify that the attached ORDER has been served via EDIS
`upon the Commission Investigative Attorney, Whitney Winston, Esq., and the following parties
`as indicated, on June 25, 2021.
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`On Behalf of Complainant AliveCor, Inc. :
`
`S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`1300 I Street NW, Suite 900
`Washington, DC 20005
`Email: alexlasher@quinnemanuel.com
`
`On Behalf of Respondent Apple Inc.:
`
`Benjamin C. Elacqua, Esq.
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Email: elacqua@fr.com
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`
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`Lisa R. Barton, Secretary
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Email Notification
`of Availability for Download
`
`
`
`☐ Via Hand Delivery
`☐ Via Express Delivery
`☐ Via First Class Mail
`☒ Other: Service to Be
`Completed by Complainant
`
`
`
`AliveCor Ex. 2006 - Page 6
`
`
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