ALJ Elliot Finds Violation of Section 337 in Certain Portable Electronic Devices (337-TA-1266) – Patent


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On June 27, 2022, ALJ Cameron Elliot issued a Notice of Initial Determination (“ID”) finding a violation of Section 337 in Certain portable electronic devices with ECG functionality and their components (Inv. no. 337-TA-1266).

As a reminder, this investigation is based on a complaint filed on April 20, 2021 by AliveCor, Inc. of Mountain View, California (“ALC”) alleging a violation of Section 337 by Apple, Inc. of Cupertino, California (“Apple “) in the unlawful importation and/or sale in the United States of certain portable electronic devices with electrocardiogram (ECG) functionality and their components due to infringement of one or more claims of the United States patent No. 10,595,731; U.S. Patent No. 10,638,941; and U.S. Patent No. 9,572,499. See our message of May 26, 2021 for more details regarding the complaint and the notice of investigation.

According to the notice, ALJ Elliot found a violation of Section 337 based on the following legal findings:

  1. ALC has proven the infringement of claims 12, 13, 19, 20, 21, 22 and 23 of US Patent No. 10,683,941 by the accused products.

  2. ALC has proven infringement of claims 1, 3, 5, 8, 9, 10, 12, 15 and 16 of US Patent No. 10,595,731 by the accused products.

  3. ALC has not proven the infringement of claims 16 or 17 of US Patent No. 9,572,499 by the accused products.

  4. Apple has not proven that any claim of US Patent No. 10,683,941 is invalid.

  5. Apple has proven that claims 1, 8, 12, and 16 of US Patent No. 10,595,731 are invalid as obvious under 35 USC § 103, and has not otherwise proven any claims to be invalid.

  6. Apple has proven that claim 17 of U.S. Patent No. 9,572,499 is invalid for lack of patentable subject matter under 35 USC § 101, and has otherwise failed to prove any claim invalid.

  7. ALC has demonstrated domestic industry as required by 19 USC § 1337(a)(2) for U.S. Patent Nos. 10,683,941, 10,595,731, and 9,572,499, in that it has proved that there is a national industry that practices at least one claim of each patent.

  8. Section 337 is infringed with respect to US Patent No. 10,683,941.

  9. Section 337 is infringed with respect to US Patent No. 10,595,731.

  10. There is no violation of Section 337 with respect to US Patent No. 9,572,499.

We’ll post the public version of the ID when it’s available.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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