Office of the Secretary
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
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`Washington, D.C. 20436
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`December 22, 2022
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`Dax Terrill, Chief
`Exclusion Order Enforcement
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`Office of International Trade
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`Regulation and Rulings
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`U.S. Customs and Border Protection
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`90 K Street, N.E.
`Washington, D.C. 20229-1177
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`Re:
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`Limited exclusion order issued by the U.S. International Trade Commission in
`Investigation No. 337-TA-1266, Certain Wearable Electronic Devices with ECG
`Functionality and Components Thereof.
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`Dear Mr. Terrill:
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`On December 22, 2022, the United States International Trade Commission issued a limited
`exclusion order prohibiting Respondent Apple Inc. of Cupertino, California from importing into the
`United States wearable electronic devices with ECG functionality and components thereof that
`infringe one or more of claims 12, 13, and 19-23 of U.S. Patent No. 10,638,941 (“the ’941 patent”);
`and claims 1, 3, 5, 8-10, 12, 15, and 16 of U.S. Patent No. 10,595,731 (“the ’731 patent”) (the
`“subject patents”), except under license of the patent owner or as provided by law, and except for
`articles or components imported for use in servicing, repairing, or replacing covered articles that were
`imported prior to the effective date of this Order pursuant to existing service and warranty contracts.
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`The Commission, however, has determined to suspend enforcement of the order, including the
`bond provision, pending final resolution of the U.S. Patent and Trademark Office, Patent Trial and
`Appeal Board’s Final Written Decisions finding the asserted patent claims unpatentable. See Apple,
`Inc. v. AliveCor, Inc., IPR2021-00971, Patent 10,595,731, Final Written Decision Determining All
`Challenged Claims Unpatentable (Dec. 6, 2022); Apple, Inc. v. AliveCor, Inc., IPR2021-00972,
`Patent 10,638,941, Final Written Decision Determining All Challenged Claims Unpatentable (Dec. 6,
`2022).
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`Chief Terrill
`December 22, 2022
`Page 2
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`The owner of the subject patents is AliveCor, Inc. of Mountain View, California. S. Alex
`Lasher, (tel. (202) 538-8104), of the law firm Quinn Emanuel Urquhart & Sullivan, LLP, was counsel
`for complainant in the proceedings before the Commission.
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`The products in question are believed to be imported under at least HTSUS Number
`8517.62.0090.
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`The Commission’s order will remain in effect until the subject patents are abandoned,
`canceled, or rendered invalid or unenforceable. The ’731 patent expires on December 12, 2034. The
`’941 patent expires on May 13, 2036. Copies of the subject patents are enclosed. We separately
`transmitted the limited exclusion order to you, along with the Commission record, on the day of its
`issuance.
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`Per the limited exclusion order, the covered products are entitled to entry for consumption
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`into the United States, entry for consumption from foreign trade zone, or withdrawal from a
`warehouse for consumption under bond from the day after this order is received by the United States
`Trade Representative, pursuant to subsection (j) of section 337 of the Tariff Act of 1930, as amended,
`and the Presidential Memorandum of July 21, 2005 (70 FR 43251), until such time as the
`Representative notifies the Commission of approval or disapproval of this action but, in any event,
`not later than sixty (60) days after the date of receipt of this action. A bond in the amount of $2 per
`unit of wearable electronic devices with ECG functionality and components thereof is required to
`permit temporary importation of the articles in question during the period of Presidential review (19
`U.S.C. § 1337(j)).
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`Known importers of the infringing products include Apple, Inc.
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`If you have any questions concerning the limited exclusion order, please feel free to contact
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`Panyin Hughes, Esq., at panyin.hughes@usitc.gov, or at 202-205-3042.
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`Sincerely,
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`Katherine M. Hiner
`Acting Secretary to the Commission
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`Enclosures
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`cc: Office of the General Counsel
` Office of the United States Trade Representative
`600 17th Street, N.W.
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`Washington, D.C. 20508
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