`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`858 678 5070 main
`858 678 5099 fax
`
`Michael A. Amon
`Amon@fr.com
`+1 858 678 5070 direct
`
`VIA E-MAIL
`
`S. Alex Lasher
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`1300 I Street NW, Suite 900
`Washington D.C. 20005
`
`Sean Pak
`Andrew M. Holmes
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, California 94111
`
`Re:
`
`AliveCor, Inc. v. Apple Inc., Case No. 6:21-cv-03958
`Certain Wearable Electronic Devices With ECG Capability and
`Components Thereof, Investigation No. 337-TA-1266
`
`Counsel:
`We write regarding the petition for inter partes review (IPR) filed against the patent in
`suit, U.S. Patent No. 9,572,499 (“the ’499 patent”), in the captioned litigations. We
`write to inform you that Apple Inc. (“Apple”) hereby stipulates that if the Patent Trial
`and Appeal Board (PTAB) institutes this petition on the grounds presented, then the
`Defendant, Apple, will not seek resolution in the district court or the ITC of any ground
`of invalidity that utilizes PCT Patent Publication 2012/0140559 (“Shmueli”), U.S.
`Patent Publication 2014/0275840 (“Osorio”), or a printed publication by Hu et al. on
`pages 891-900 of Volume No. 44, Issue No. 9 of the IEEE Transactions on Bio-medical
`Engineering in 1997 (“Hu-1997”).
`In so stipulating, Apple seeks to avoid multiple proceedings addressing the validity of
`the ’499 patent based on any of the same prior art references. Rather, consistent with
`Congressional intent, Apple wishes the patentability of this patent over Shmueli,
`Osorio, or Hu-1997 to be addressed at the PTAB. But, for the sake of clarity and to
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`APPLE 1051
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`June 8, 2021
`Page 2
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`avoid any doubt, if the PTAB declines institution of Apple’s IPR petition relating to the
`’499 patent, Apple reserves the right to pursue this prior art in the litigations.
`
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`Sincerely,
`
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`
`
`
`
`/s/ Michael A. Amon
`Michael A. Amon
`Fish & Richardson P.C.
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`2
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