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`EXHIBIT 10
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`EXHIBIT 10
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`PPPPPPPPP
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`APPLE 1037
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`08718-00001/12588999.1
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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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`sensor on the smartwatch.
`The Accused Products when the activity level is resting, sense a heart rate parameter of the user with a second
`guidelines/watchos/interaction/accelerometer-and-gyroscope/.
`gyroscope to “gauge the wearer’s activity level.” https://developer.apple.com/design/human-interface-
`developers, Apple also states that a developer “can use motion data” from the Apple Watch’s accelerometer and
`the user’s motion and activity. https://support.apple.com/kb/SP826?locale=en_IN. In its guidance to its
`For example, the Apple Watch Series 6 contains an accelerometer and gyroscope that are both used to measure
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`The Accused Products sense an activity level of a user with a first sensor on a smartwatch worn by the user.
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`Apple’s de novo classification request to the FDA describes the Apple Watch’s irregular notification feature.
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`The Accused Products perform a method of cardiac monitoring.
`Apple Watch
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`Exhibit 10: Infringement of U.S. Patent No. 10,638,941 by Apple Watch1
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`on the smartwatch;
`with a second sensor
`parameter of the user
`sensing a heart rate
`level is resting,
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`1.2 when the activity
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`1.1
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`1.P A method of cardiac
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`the user;
`smartwatch worn by
`first sensor on a
`level of a user with a
`sensing an activity
`comprising:
`monitoring,
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`08718-00001/12588999.1
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`Apple’s de novo classification request to the FDA describes the Apple Watch’s irregular notification feature.
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`https://support.apple.com/kb/SP826?locale=en_IN.
`Package, (SiP), described in Apple’s Technical Specifications.
`The Accused Products contain a processor. For instance, the Apple Watch Series 6 contains the S6 System in
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`level value and the heart rate parameter.
`The Accused Products determine, by a processing device, that a discordance is present between the activity
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
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`parameter;
`and the heart rate
`activity level value
`present between the
`that a discordance is
`processing device,
`determining, by a
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`1.3
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`Apple Watch
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`https://support.apple.com/en-us/HT204666.
`Series 6 also have built-in electrodes in the Digital Crown and the back of Apple Watch.”
`Apple’s ECG sensor comprises two electrodes. As Apple Support explains, “Apple Watch Series 4, Series 5, or
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`second electrode.
`smartwatch to confirm a presence of the arrhythmia, wherein the ECG sensor comprises a first electrode and a
`The Accused Products receive electric signals of the user from an electrocardiogram sensor (“ECG”) on the
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`ECG app. The Apple Watch contains two electrodes that comprise the ECG sensor:
`This information is also contained in Apple’s de novo classification request to the FDA for the Apple Watch’s
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`receive an irregular rhythm notification.” https://support.apple.com/en-us/HT208955.
`such as a rapid or skipped heartbeat, when you have other general concerns about your heart health, or when you
`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
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`
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`possibility of an arrhythmia being present.
`The Accused Products based on the presence of the discordance, indicating to the user, using the smartwatch, a
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
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`08718-00001/12588999.1
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`sensor comprises a
`wherein the ECG
`of the arrhythmia,
`confirm a presence
`the smartwatch to
`sensor (“ECG”) on
`electrocardiogram
`from an
`signals of the user
`receiving electric
`present; and
`arrhythmia being
`possibility of an
`smartwatch, a
`user, using the
`indicating to the
`discordance,
`presence of the
`based on the
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`1.5
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`1.4
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`Apple Watch
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`08718-00001/12588999.1
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`Id.
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`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
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`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180044.pdf.
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`Apple Watch
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`second electrode.
`first electrode and a
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`Claim
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`5
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`Apple Watch uses what is known as photoplethysmography.” https://support.apple.com/en-us/HT204666.
`https://support.apple.com/kb/SP826?locale=en_IN. As Apple Support explains, “The optical heart sensor in
`instance. The Apple Watch Series 6 Technical Specifications mention a “third-generation optical heart sensor.”
`of the user when the activity level value is resting, wherein the PPG sensor is coupled to the processor. For
`The Accused Products contain a photoplethysmogram (“PPG”) sensor configured to sense a heart rate parameter
`processor, including the gyroscope and accelerometer.
`On information and belief, all the sensors mentioned in Apple’s technical specifications are coupled to the
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`guidelines/watchos/interaction/accelerometer-and-gyroscope/.
`activity level.” https://developer.apple.com/design/human-interface-
`developer “can use motion data” from the Apple Watch’s accelerometer and gyroscope to “gauge the wearer’s
`https://support.apple.com/kb/SP826?locale=en_IN. In its guidance to its developers, Apple also states that a
`gyroscope that are both used to measure the user’s motion and activity.
`first sensor is coupled to the processor. For example, the Apple Watch Series 6 contains an accelerometer and
`The Accused Products contain a first sensor configured to sense an activity level value of a user, wherein the
`https://support.apple.com/kb/SP826?locale=en_IN.
`Package, (SiP), described in Apple’s Technical Specifications.
`The Accused Products contain a processor. For instance, the Apple Watch Series 6 contains the S6 System in
`See, e.g., https://www.apple.com/apple-watch-series-6/.
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`The Accused Products are smartwatches. For example, the Apple Watch Series 6 is a smartwatch.
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`https://support.apple.com/en-us/HT208955.
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`08718-00001/12588999.1
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`heart rate parameter
`configured to sense a
`(“PPG”) sensor
`photoplethysmogram
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`12.3 a
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`the processor;
`sensor is coupled to
`wherein the first
`value of a user,
`an activity level
`configured to sense
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`12.2 a first sensor
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`12.1 a processor;
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`12.P A smartwatch,
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`comprising:
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`Apple Watch
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`6
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`heart sensor” connected to the “ECG app.” https://support.apple.com/kb/SP826?locale=en_IN.
`coupled to the processor. For example, the Apple Watch Series 6 Technical Specifications mention a “electrical
`heart, wherein the ECG sensor comprises a first electrode and a second electrode, and wherein the ECG sensor is
`The Accused Products contain an electrocardiogram (“ECG”) sensor configured to sense electrical signals of a
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
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`08718-00001/12588999.1
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`electrical signals of a
`configured to sense
`(“ECG”) sensor
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`12.4 an electrocardiogram
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`measures your heart rate in the background.” Id.
`explains, “The optical heart sensor can also use infrared light. This mode is what Apple Watch uses when it
`minute — your heart rate.” Id. And the PPG sensor is used when the activity level value is at rest. As Apple
`LED lights hundreds of times per second, Apple Watch can calculate the number of times the heart beats each
`Apple also explains that the PPG sensor is used to calculate a heart rate parameter for the user: “By flashing its
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`Apple Watch
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`irregular notification feature.
`This information is repeated in Apple’s de novo classification request to the FDA for the Apple Watch’s
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`processor;
`coupled to the
`the PPG sensor is
`is resting, wherein
`activity level value
`of the user when the
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`7
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`7
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`08718-00001/12588999.1
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`gyroscope/.
`https://developer.apple.com/design/human-interface-guidelines/watchos/interaction/accelerometer-and-
`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
`The Apple Watch’s memory also contain instructions to sense the activity level of the user and feed the data to
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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.
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`signals of the user from the ECG sensor to confirm the presence of the arrhythmia.
`presence of the discordance, indicate to the user a possibility of an arrhythmia being present; and receive electric
`is present between the activity level value of the user and the heart rate parameter of the user; based on the
`program including instructions executable by the processor to cause the processor to: determine if a discordance
`The Accused Products contain a non-transitory computer readable storage medium encoded with a computer
`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180044.pdf.
`
`
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`
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`https://support.apple.com/en-us/HT204666.
`Series 6 also have built-in electrodes in the Digital Crown and the back of Apple Watch.”
`Apple’s ECG sensor comprises two electrodes. As Apple Support explains, “Apple Watch Series 4, Series 5, or
`
`ECG app. The Apple Watch contains two electrodes that comprise the ECG sensor:
`This information is also contained in Apple’s de novo classification request to the FDA for the Apple Watch’s
`
`
`
`
`
`
`
`Apple Watch
`
`
`
`the presence of the
`of the user; based on
`heart rate parameter
`of the user and the
`activity level value
`present between the
`discordance is
`determine if a
`the processor to:
`processor to cause
`executable by the
`instructions
`including
`computer program
`encoded with a
`storage medium
`computer readable
`
`12.5 a non-transitory
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`processor; and
`coupled to the
`ECG sensor is
`and wherein the
`second electrode,
`electrode and a
`comprises a first
`ECG sensor
`heart, wherein the
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`Claim
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`8
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`8
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`08718-00001/12588999.1
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`Id.
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`
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`https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN180042.pdf.
`
`
`
`
`
`classification request to the FDA regarding its irregular rhythm notification:
`receive an irregular rhythm notification.” https://support.apple.com/en-us/HT208955. From Apple’s de novo
`such as a rapid or skipped heartbeat, when you have other general concerns about your heart health, or when you
`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
`
`Apple Watch
`
`
`
`of the arrhythmia.
`confirm the presence
`ECG sensor to
`the user from the
`electric signals of
`present; and receive
`arrhythmia being
`possibility of an
`to the user a
`discordance, indicate
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`Claim
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`9
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