[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19729-19730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08196]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1266 (Rescission)]
Certain Wearable Electronic Devices With ECG Functionality and
Components Thereof; Notice of Commission Decision To Dismiss the
Complaint as Moot, Institute a Rescission Proceeding, and Rescind the
Remedial Orders; Termination of the Rescission Proceeding
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
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SUMMARY: Notice is hereby given that the U.S. International Trade
Commission (``the Commission'') has determined to dismiss the complaint
in the above-captioned investigation as moot. The Commission has also
determined to institute a rescission proceeding and to rescind the
limited exclusion order and cease and desist order issued in the
investigation. The rescission proceeding is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 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
[email protected]. 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
on (202) 205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on May 26, 2021, based on a complaint filed by AliveCor, Inc. of
Mountain View, California (``AliveCor''). 86 FR 28382 (May 26, 2021).
The complaint alleges a violation of section 337 the Tariff Act, as
amended, 19 U.S.C. 1337 (``section 337''), by way of the importation,
sale for importation, or sale in the United States after importation of
certain wearable electronic devices with ECG functionality and
components thereof by reason of infringement of one or more claims of
U.S. Patent Nos. 10,595,731 (``the '731 patent''); 10,638,941 (``the
'941 patent''); and 9,572,499 (``the '499 patent'') (collectively,
``the Asserted Patents''). Id. The notice of investigation named Apple,
Inc. (``Apple'') of Cupertino, California as a respondent. Id. The
Office of Unfair Import Investigation was also participating in the
investigation. Id.
On December 22, 2022, the Commission issued a final determination
finding a violation of section 337 based on the infringement of certain
claims of the '941 patent and the '731 patent, but no violation based
on the '499 patent. Accordingly, the Commission issued a limited
exclusion order prohibiting further importation of infringing products
and a cease and desist order against Apple (collectively, ``the
remedial orders''). The Commission, however, suspended enforcement of
the orders pending final resolution of the Patent Trial and Appeal
Board's (``PTAB'') Final Written Decisions finding the asserted patent
claims unpatentable. See 35 U.S.C. 318(b); 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).
AliveCor filed an appeal from the Commission's final determination
with the U.S. Court of Appeals for the Federal Circuit (``the Federal
Circuit''), and Apple cross-appealed. The appeal and cross-appeal were
docketed on February 15, 2023, and March 3, 2023, respectively, and
consolidated under AliveCor, Inc. v. ITC, No. 23-1509 (Fed. Cir.) as
the lead appeal.
On March 7, 2025, the Federal Circuit affirmed decisions in
companion appeals from the PTAB finding all claims of the Asserted
Patents unpatentable. See AliveCor, Inc. v. Apple Inc., 130 F.4th 1006
(Fed. Cir. 2025). In view of that ruling, the Federal Circuit found
that ``the Commission's investigation [was] moot.'' AliveCor, Inc. v.
ITC, No. 23-1509, 2025 WL 733105 (Fed. Cir. Mar. 7, 2025). Accordingly,
the Federal Circuit vacated the Commission's final determination and
remanded with instructions to dismiss the case as moot. See id. The
Federal Circuit's mandate issued on April 28, 2025.
As instructed by the Federal Circuit, the Commission has determined
to dismiss the complaint as moot. Accordingly, as stated in the
Commission Order issued concurrently herewith, the Commission finds
that the conditions which led to the issuance of the remedial orders no
longer exist, and therefore, a rescission of the remedial orders is
warranted under section 337(k) (19 U.S.C. 1337(k)) and Commission Rule
210.76(a) (19 CFR 210.76(a)). The Commission has thus determined to
institute a rescission proceeding and to rescind the remedial orders
issued in the underlying investigation. The rescission proceeding is
terminated.
The Commission's notice and order were delivered to the Secretary
of the Treasury on the day of their issuance.
The Commission's vote for this determination took place on May 6,
2025.
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 Practice and Procedure (19 CFR
part 210).
By order of the Commission.
[[Page 19730]]
Issued: May 6, 2025.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2025-08196 Filed 5-8-25; 8:45 am]
BILLING CODE 7020-02-P