`Subject:
`
`FW: AliveCor v. Apple (337-TA-1266): Deadline for Prior Art Narrowing
`
`From: Katherine Reardon
`Sent: Wednesday, November 17, 2021 8:03 PM
`To: QE‐Alivecor <qe‐alivecor@quinnemanuel.com>; whitney.winston@usitc.gov
`Cc: [Service] Apple‐AliveCor ITC <ServiceAppleAliveCorITC@fr.com>
`Subject: AliveCor v. Apple (337‐TA‐1266): Deadline for Prior Art Narrowing
`
`Counsel,
`
`Pursuant to the Court’s Order No. 6, Apple hereby notifies AliveCor that it intends to no longer pursue in this
`investigation the prior art asserted in Apple’s IPRs (PCT Patent Publication WO2012/140559 (Shmueli), U.S. Patent
`Publication 2014/0275840 (Osorio), and Hu YH, Palreddy S, Tompkins WJ. A patient‐adaptable ECG beat classifier using a
`mixture of experts approach. IEEE Transactions on Bio‐medical Engineering. 1997 Sep; 44(9):891‐900 (Hu). Subject to
`AliveCor’s opening expert reports, Apple further agrees to advance only those prior art anticipatory and/or obviousness
`references identified in its invalidity contentions. Apple reserves its right to reference other prior art referenced in its
`Notice of Prior Art or as identified by Apple’s experts to show the state of the art at the time of the alleged invention. As
`we’ve discussed on the parties’ various meet and confers, Apple’s remaining assertion of four primary references in
`limited combinations with other secondary references in response to AliveCor’s continued assertion of 37 claims is
`reasonable. We expect that AliveCor will drop substantially more claims well in advance of the expert discovery
`deadline, as Apple continues to be prejudiced by the fact that AliveCor knows what subset of claims it intends to try at
`this point, but has failed to substantially further narrow the case. When AliveCor drops additional claims, Apple will
`consider dropping additional prior art.
`
`Regards,
`Kate
`
`Katherine H. Reardon :: Principal :: Fish & Richardson P.C.
`7 Times Square, 20th Floor, New York, NY 10036
`212 641 2235 direct :: 315 868 9770 mobile :: reardon@fr.com
`fr.com :: Bio :: LinkedIn
`
`1
`
`APPLE 1057
`Apple v. AliveCor
`IPR2021-00970
`
`
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