`Washington, D.C.
`
`Before the Honorable Cameron R. Elliot
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
`Inv. No. 337-TA-1266
`
`RESPONDENT’S LIST OF CLAIM TERMS TO BE CONSTRUED
`
`Pursuant to the schedule set forth in Order No. 6, Respondent Apple Inc. (Apple) hereby
`
`submits the following list of claim terms to be construed from the 71 currently asserted claims of
`
`U.S. Patent No. 9,572,499 (the ’499 patent), related U.S. Patent No. 10,595,731 (the ’731 patent),
`
`and U.S. Patent No. 10,638,941 (the ’941 patent).
`
`U.S. Patent No. 9,572,499
`
` “alerting said first user to sense an electrocardiogram” (claim 1)
`
` “alert” (claim 11)
`
` “heart rate sensor” (claims 1 & 11)
`
`U.S. Patent No 10,595,731
`
` “receive ECG data from the ECG sensor” (claim 1)/”receiving ECG data from an ECG
`
`sensor” (claim 17)/ “receive ECG data from an ECG sensor” (claim 25)
`
` “confirm the presence of the arrhythmia based on the ECG data” (claims 1 & 15)/
`
`“confirming the presence of the arrhythmia based on the ECG data” (claim 17)
`
`U.S. Patent No 10,638,941
`
` “receiving electric signals … from an electrocardiogram sensor” (claim 1)/“receive electric
`
`signals … from the ECG sensor” (claim 12)
`
`
`
`AliveCor Ex. 2008 - Page 1
`
`
`
` “to confirm a presence of the arrhythmia” (claim 1)/ “to confirm the presence of the
`
`arrhythmia” (claim 12)
`
` “when the activity level is resting” (claim 1)/ “when the activity level value is resting” (claim
`
`12)
`
` “discordance” (claims 1 & 12)
`
`Applicable to All Patents
`
`For all asserted independent method claims of the ’499, ’731, and ’941 patents, Apple seeks a
`
`construction that the steps of each of the claimed methods must be performed in the order listed in
`
`the claims.
`
`Apple reserves the right to amend its list of terms for claim construction based on the terms
`
`from the asserted patents proposed by Complainant AliveCor, Inc. (AliveCor) and/or Staff, and to
`
`propose constructions for any of the terms identified by AliveCor and/or Staff.
`
`
`
`
`Dated: August 18, 2021
`
`
`
`FISH & RICHARDSON P.C.
`
`By: /s/ Michael Amon
`
`Benjamin C. Elacqua
`FISH & RICHARDSON P.C.
`1221 McKinney Street, Suite 2800
`Houston, TX 77010
`Telephone: (713) 654-5300
`Facsimile: (713) 652-0109
`
`Betty Chen
`FISH & RICHARDSON P.C.
`500 Arguello Street, Suite 500
`Redwood, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
`
`
`
`AliveCor Ex. 2008 - Page 2
`
`
`
`
`
`
`Ruffin B. Cordell
`Joseph V. Colaianni Jr.
`Thomas S. Fusco
`Taylor Burgener
`FISH & RICHARDSON P.C.
`1000 Maine Avenue, SW, Suite 1000
`Washington, D.C. 20024
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Michael Amon
`Raisa Ahmad
`FISH & RICHARDSON P.C.
`12860 El Camino Real, Suite 400
`San Diego, CA 92130
`Telephone: (858) 678-5070
`Facsimile: (858) 678-5099
`
`Katherine H. Reardon
`FISH & RICHARDSON P.C.
`7 Times Square, 20th Floor
`New York, NY 10036
`Telephone: (212)765-5070
`Facsimile: (212) 258-2291
`
`Qiuyi Wu
`FISH & RICHARDSON P.C.
`One Marina Park Drive
`Boston, MA 02210
`Telephone: (617) 542-5070
`
`Veena Tripathi
`FISH & RICHARDSON P.C.
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (612) 335-5070
`
`Counsel for Respondent Apple Inc.
`
`
`
`
`
`
`
`AliveCor Ex. 2008 - Page 3
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that true and correct copies of the foregoing document:
`
`RESPONDENT’S LIST OF CLAIM TERMS TO BE CONSTRUED
`
`have been served on this 18th day of August, 2021, on the following:
`
`Whitney Winston
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, SW, Suite 401
`Washington, DC 20436-0003
`
`whitney.winston@usitc.gov
`
`S. Alex Lasher, Esq.
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`1300 I Street NW, Suite 900
`Washington, DC 20005
`qe-alivecor@quinnemanuel.com
`
`Counsel for Complainant AliveCor, Inc.
`
`
`
` Via First Class Mail
` Via Hand Delivery
` Via Federal Express
` Via Electronic Mail
` Via Box.com
`
` Via First Class Mail
` Via Hand Delivery
` Via Federal Express
` Via Electronic Mail
`
`
`
`
`
`
`
`
`
`
` /s/ Ashley Cox
`
`
`AliveCor Ex. 2008 - Page 4
`
`
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