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UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
`
`
`In the Matter of
`
`CERTAIN WEARABLE ELECTRONIC
`DEVICES WITH ECG FUNCTIONALITY
`AND COMPONENTS THEREOF
`
`
`
`
`
`
`Investigation No. 337-TA-1266
`
`
`NOTICE OF COMMISSION DETERMINATION TO EXTEND THE TARGET DATE
`FOR THE COMPLETION OF THIS INVESTIGATION
`
`
`
`
`
`
`
`
`
`
`AGENCY: U.S. International Trade Commission.
`
`ACTION: Notice.
`
`SUMMARY: Notice is hereby given that the U.S. International Trade Commission
`(“Commission”) has determined to extend the target date for completion of this investigation
`from December 12, 2022 to December 20, 2022.
`
`FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the General
`Counsel, U.S. International Trade Commission, 500 E Street, S.W., Washington, D.C. 20436,
`telephone (202) 205-3042. Copies of non-confidential documents filed in connection with this
`investigation may be viewed on the Commission’s electronic docket (EDIS) at
`https://edis.usitc.gov. For help accessing EDIS, please email EDIS3Help@usitc.gov. General
`information concerning the Commission may also be obtained by accessing its Internet server at
`https://www.usitc.gov. Hearing-impaired persons are advised that information on this matter can
`be obtained by contacting the Commission’s TDD terminal, telephone (202) 205-1810.
`
`SUPPLEMENTARY INFORMATION: On May 26, 2021, the Commission instituted this
`investigation based on a complaint filed by AliveCor, Inc. of Mountain View, California
`(“AliveCor”). 86 FR 28382 (May 26, 2021). The complaint alleged violations of section 337
`based on the importation into the United States, the sale for importation, or the sale within the
`United States after importation of certain wearable electronic devices with ECG functionality
`and components thereof by reason of infringement of one or more of claims 1-30 of U.S. Patent
`No. 10,595,731 (“the ’731 patent”); claims 1-23 of U.S. Patent No. 10,638,941 (“the ’941
`patent”); and claims 1-4, 6-14, 16-20 of U.S. Patent No. 9,572,499 (“the ’499 patent”). Id. The
`Commission’s notice of investigation named Apple Inc. of Cupertino, California (“Apple”) as
`the sole respondent. The Office of Unfair Import Investigations (“OUII”) is named as a party in
`this investigation. Id.
`
`
`
`
`
`

`

`On February 23, 2022, the ALJ issued an initial determination granting AliveCor’s
`motion to terminate the investigation as to (1) claims 1-4, 6-14, and 18-20 of the ’499 patent; (2)
`claims 2, 4, 6, 7, 11, 13, 14, and 17-30 of the ’731 patent; and (3) claims 1-11, 14, 15, 17, and 18
`of the ’941 patent based upon withdrawal of allegations from the complaint as to those claims.
`Order No. 16 (Feb. 23, 2022), unreviewed by Notice (Mar. 18, 2022).
`
`On June 27, 2022, the ALJ issued the final initial determination (“ID”) finding a violation
`of section 337 as to the ’941 and ’731 patents, and no violation of section 337 as to the ’499
`patent.
`
`
`On July 11, 2022, Apple filed a petition for review of the ID, and AliveCor filed a
`combined petition and contingent petition for review of the ID. On July 19, 2022, the private
`parties and OUII’s investigative attorney filed responses to the petitions.
`
`On September 22, 2022, the Commission determined to review the final ID in part and
`requested briefing on certain issues under review and on remedy, the public interest, and
`bonding. 87 Fed. Reg. 58819-21 (Sept. 28, 2022).
`
`On October 6, 2022, the parties filed initial submissions in response to the Commission’s
`request for briefing. On October 14, 2022, the parties filed reply submissions. On October 21,
`2022, Apple moved for leave to file a sur-reply to AliveCor’s reply submission. On October 24,
`2022, AliveCor filed an opposition. OUII filed a response in opposition on November 2, 2022.
`
`On December 7, 2022, Apple filed an emergency motion, asking “the Commission to
`suspend any remedial orders or, in the alternative, extend the December 12, 2022 Target Date of
`its Final Determination and stay all proceedings prior to issuance of any Final Determination
`pending final resolution of any appeal of the PTAB’s [Patent Trial and Appeal Board of the U.S.
`Patent and Trademark Office] decisions” finding the asserted patent claims unpatentable. Apple
`Emergency Motion at 1.
`
`The Commission has determined to extend the target date for completion of the
`investigation from December 12, 2022 to December 20, 2022.
`
`The Commission’s vote on this determination took place on December 9, 2022.
`
`
`
`The authority for the Commission’s determination is contained in section 337 of the
`Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part 210 of the Commission’s Rules of
`
`
`
`2
`
`

`

`Practice and Procedure (19 CFR 210).
`
`
`By order of the Commission.
`
`
`
`Issued: December 9, 2022
`
`Katherine M. Hiner
`Acting Secretary to the Commission
`
`
`
`
`
`3
`
`

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