`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`ALIVECOR, INC.,
`Appellant
`
`v.
`
`INTERNATIONAL TRADE COMMISSION,
`Appellee
`
`APPLE INC.,
`Intervenor
`-------------------------------------------------
`
`APPLE INC.,
`Appellant
`
`v.
`
`INTERNATIONAL TRADE COMMISSION,
`Appellee
`
`ALIVECOR, INC.,
`Intervenor
`______________________
`
`2023-1509, 2023-1553
`______________________
`
`Appeals from the United States International Trade
`Commission in Investigation No. 337-TA-1266.
`______________________
`
`
`
`
`
`
`
`Case: 23-1509 Document: 58 Page: 2 Filed: 09/28/2023
`
`2
`
`
`
`ALIVECOR, INC. v. ITC
`
`
`ON MOTION
`______________________
`
`Before DYK, Circuit Judge.
`O R D E R
`Apple Inc. moves unopposed pursuant to Federal Cir-
`
`cuit Rule 25.1(d)(3) to redact from its opening and response
`brief 49 unique words relating to AliveCor, Inc.’s confiden-
`tial business information regarding its finances, product
`information, and related agreements with third-parties.
`Dr. Hugh Calkins, the Computer & Communications In-
`dustry Association (“CCIA”), Dr. Leslie A. Saxon, Unified
`Patents, LLC, and Dr. Robert M. Wachter (collectively, “the
`amici”) separately move for leave to file briefs amicus cu-
`riae in support of Apple. The amici state that Apple and
`the International Trade Commission consent to their mo-
`tions and that AliveCor does not consent. AliveCor has not
`responded to the amici’s motions.
`
`The court notes that the briefs submitted by Dr. Cal-
`kins, CCIA, Unified Patents, and Dr. Wachter include the
`following deficiencies: (1) Dr. Calkins’s, CCIA’s, and Dr.
`Wachter’s briefs do not include the source of authority to
`file, see Fed. R. App. P. 29(a)(4)(D); (2) the covers of CCIA’s
`and Unified Patents’s briefs do not state whether the briefs
`support affirmance or reversal, see Fed. R. App. P. 29(a)(4);
`and (3) the cover of CCIA’s brief does not identify the party
`or parties supported, see id.
` Upon consideration thereof,
`IT IS ORDERED THAT:
`
`
`(1) ECF Nos. 42-1, 45-1, 51-1, and 52, are granted to
`the extent that, no later than seven days from the date of
`entry of this order, Dr. Calkins, CCIA, Unified Patents, and
`Dr. Wachter are each directed to file a corrected amicus
`
`
`
`Case: 23-1509 Document: 58 Page: 3 Filed: 09/28/2023
`
`ALIVECOR, INC. v. ITC
`
` 3
`
`brief resolving the above-identified issues and including
`the word “corrected” in the title, Fed. Cir. R. 25(i)(2).
`
`(2) Dr. Saxon’s motion, ECF No. 48-1, is granted. ECF
`No. 48-2 is accepted for filing.
`
`(3) The motion to exceed the confidential word limit,
`ECF No. 39, is granted. The confidential and non-confiden-
`tial versions of Apple’s opening and response brief (ECF
`Nos. 37 and 38, respectively) are accepted for filing.
`
`FOR THE COURT
`
`/s/ Jarrett B. Perlow
`Jarrett B. Perlow
`Clerk of Court
`
`
`September 28, 2023
` Date
`
`
`
`