Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 1 of 53
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`Adam Alper (SBN: 196834)
`adam.alper@kirkland.com
`Akshay S. Deoras (SBN: 301962)
`akshay.deoras@kirkland.com
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, CA 94104
`Telephone:
`(415) 439-1400
`Facsimile:
`(415) 439-1500
`
`Michael W. De Vries (SBN: 211001)
`michael.devries@kirkland.com
`KIRKLAND & ELLIS LLP
`555 South Flower Street
`Los Angeles, CA 90071
`Telephone:
`(213) 680-8400
`Facsimile:
`(213) 680-8500
`
`Leslie M. Schmidt (pending pro hac vice)
`leslie.schmidt@kirkland.com
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, NY 10022
`Telephone:
`(212) 446-4800
`Facsimile:
`(212) 446-4900
`
`Kat Li (pending pro hac vice)
`kat.li@kirkland.com
`KIRKLAND & ELLIS LLP
`401 Congress Avenue
`Austin, TX 78701
`Telephone:
`(512) 678-9100
`Facsimile:
`(512) 678-9101
`
`Attorneys for Plaintiff Apple Inc.
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`CASE NO.
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`
`APPLE INC.,
`
`
`Plaintiff,
`
`
`v.
`
`ALIVECOR, INC.
`
`Defendant.
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`COMPLAINT
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`CASE NO. _________
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 2 of 53
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`
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`COMPLAINT
`
`This is an action about innovation and the opportunism and profiteering that threatens it.
`Apple Inc. (“Apple”) is a global technology company that has, for decades, introduced cutting-edge,
`life-changing advancements in electronic healthcare that are relied upon by millions on a daily basis to
`better their lives.
`
`Since its founding almost 50 years ago, Apple has held its place as an American and
`worldwide leader by developing innovative technology, investing billions in domestic research and
`development of technologies in a wide variety of industries, and producing devices and applications that
`are at the core of today’s society. In particular, Apple has long been an industry leader in cutting-edge
`electronic healthcare solutions and has invested its considerable expertise and creativity in developing
`such systems and bringing them to the public.
`
`Among such advances, Apple has developed and patented a wide array of novel health
`and fitness technologies, each of which provides users with accurate and highly accessible technology-
`powered insights empowering them to live a healthier life.1 These include numerous critical, ground-
`breaking ECG technologies provided by the Apple Watch and watchOS. Apple began developing and
`patenting these technologies over a decade ago. For example, in 2008, Apple had already developed and
`filed for patent protection on specific and foundational technologies pertaining to embedded heart rate
`and electric cardiac activity monitors. Apple’s massive commitments to innovation in the healthcare
`industry led to critical developments in key technologies, including those related to sensing irregular
`heart rhythms that may be suggestive of atrial fibrillation (AFib), capturing an electrocardiogram
`(“ECG” or “EKG”),2 cycle tracking features for women (watchOS 6),3 blood oxygen saturation
`
`
`1 See Exhibit 1, “How Apple Is Empowering People With Their Health Information,” (July 20, 2022),
`https://www.apple.com/newsroom/2022/07/how-apple-is-empowering-people-with-their-health-
`information.
`2 See Exhibit 2, “Apple Watch Series 4: Beautifully redesigned with breakthrough communication,
`fitness
`and
`health
`capabilities,”
`(Sept.
`12,
`2018),
`https://www.apple.com/newsroom/2018/09/redesigned-apple-watch-series-4-revolutionizes-
`communication-fitness-and-health; see also Exhibit 3, “ECG app and irregular heart rhythm
`notification
`available
`today
`on Apple Watch,”
`(Dec.
`6,
`2018),
`at
`available
`https://www.apple.com/newsroom/2018/12/ecg-app-and-irregular-heart-rhythm-notification-
`available-today-on-apple-watch/.
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 3 of 53
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`measurement (watchOS 7),4 respiratory tracking during sleep, and fall detection (watchOS 8),5 to name
`just a few. These advancements also include an integrated sensor in an electronic device that can
`measure a user’s heartbeat, heartrate, and other signals generated by the user’s heart, which are the
`subjects of the ’257 patent-in-suit. Apple also improved upon this design with sealed button systems,
`which are the subjects of the ’619 patent-in-suit, as well as user interfaces for monitoring such health
`data, which are the subjects of the ’533 patent-in-suit. Apple also developed the ability to aggregate
`such data for a user’s healthcare providers to review, which is the subject of the ’898 patent-in-suit. It is
`innovations such as these and the millions of dollars Apple invested in the research and development of
`these innovations—including the many features surrounding the Apple Watch and Apple’s Health
`App—that have bettered the lives of millions who use Apple’s healthcare devices and pioneered the
`personal health advancements that AliveCor attempts to co-opt through its litigation campaign against
`Apple.
`
`
`This case is about a far different story involving AliveCor, Inc. (“AliveCor”) and its
`brazen infringement of Apple’s technology—technology that Apple developed years before AliveCor
`even came into existence. Founded in 2010, AliveCor’s business has focused on the sale of portable
`ECG devices which rely on numerous technologies in Apple’s iPhone and/or Watch to provide ECG
`information to AliveCor’s customers. Rather than develop its technology from scratch, however,
`AliveCor resorted to including the very technology that Apple created and patented. This was no
`accident: AliveCor has long known of Apple’s patented technology, as many of AliveCor’s own patents
`cite to many of Apple’s patented innovations.
`
`But AliveCor’s business has not been commercially successful, and has instead been
`propped up by funding from private investors. AliveCor has responded to its own failures in the market
`
`3 See Exhibit 4, “WatchOS 6 Advances Health And Fitness Capabilities for Apple Watch,” (June 3,
`2019),
`https://www.apple.com/newsroom/2019/06/watchos-6-advances-health-and-fitness-
`capabilities-for-apple-watch.
`4 See Exhibit 5, “Apple Watch Series 6 Delivers Breakthrough Wellness And Fitness Capabilities,”
`(Sept.
`15,
`2020),
`https://www.apple.com/newsroom/2020/09/apple-watch-series-6-delivers-
`breakthrough-wellness-and-fitness-capabilities.
`Today,”
`5 See
`Exhibit
`6,
`“WatchOS
`8
`Is Available
`https://www.apple.com/newsroom/2021/09/watchos-8-is-available-today.
`
`2021),
`
`(Sept.
`
`20,
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`COMPLAINT
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`CASE NO. _________
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 4 of 53
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`through opportunistic assertions of its patents against Apple. For example, AliveCor filed a complaint
`before the International Trade Commission (“Commission”), seeking to stop Apple from importing its
`products into the United States based on its assertion of patents covering unimportant alleged
`improvements to ECG devices.6 And while an Administrative Law Judge issued an Initial
`Determination in that action finding a violation—a finding that Apple is presently contesting before the
`Commission—Apple now brings this action to set the record straight as to who is the real pioneer and to
`stop AliveCor’s rampant infringement that unlawfully appropriates Apple’s intellectual property. Apple
`is the pioneering innovator, having researched, developed, and patented core, foundational technologies
`before AliveCor came into existence. AliveCor’s litigation campaign is nothing more than an attempt to
`siphon from the success of Apple technologies it did not invent, all the while selling products that rely
`on foundational ECG innovations that Apple patented years before AliveCor came to be.
`
`NATURE OF THE CASE
`
`Apple brings claims under the patent laws of the United States, 35 U.S.C. § 1, et seq., for
`the infringement of the following United States patents: U.S. Patent Nos. 10,076,257 (the “’257
`Patent”); 10,270,898 (the “’898 Patent”); 10,866,619 (the “’619 Patent”); and 10,568,533 (the “533
`Patent”) (collectively, the “Asserted Patents”).
`
`PARTIES
`
`Apple is an American technology company organized under the laws of California,
`having its principal place of business at One Apple Park Way, Cupertino, CA 95014. From its founding
`in 1976, Apple has been the renowned global leader in consumer electronics products, including being
`among the first manufacturers of personal computers, and later expanding into other technologies,
`pioneering smart mobile communication devices, digital music players, notebooks, and wearables, as
`well as related software, services, accessories, and networking solutions.
`
`AliveCor is a company organized and existing under the laws of Delaware with its
`principal place of business at 444 Castro Street, Suite 600, Mountain View, CA 94041.
`
`6
`
`
`In re Certain Wearable Elec. Devices with ECG Functionality and Components Thereof, Inv. No.
`337-TA-1266 (USITC). AliveCor also initiated a district court suit against Apple, AliveCor, Inc. v.
`Apple, Inc., C.A. No. 6:20-cv-1112 (W.D. Tex. 2021), which is currently stayed.
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 5 of 53
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`JURISDICTION AND VENUE
`
`This civil action asserts claims arising under the Patent Laws of the United States, 35
`U.S.C. § 1 et seq. This Court therefore has subject matter jurisdiction over this action pursuant to 28
`U.S.C. §§ 1331 and 1338(a).
`
`The Court has personal jurisdiction over AliveCor because AliveCor maintains its
`principal place of business in this District at 444 Castro Street, Suite 600, Mountain View, CA 94041,
`and from that location conducts and/or directs the acts accused of infringement in this action. Moreover,
`AliveCor conducts business in this District by shipping, distributing, offering for sale, selling, and
`advertising (including the provision of an interactive web page) its products and services in both the
`State of California and in this District. AliveCor has, either directly or through intermediaries,
`purposefully and voluntarily placed one or more of its infringing products and/or services into the
`stream of commerce with the intention and expectation that they will be purchased and used by
`customers in this District.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and 1400(b) because
`AliveCor regularly conducts business within this District, has a regular and established place of business
`in this District, and has committed acts of infringement within this District.
`
`APPLE’S PATENTED TECHNOLOGIES
`The ’257 Patent
`
`The ’257 Patent is titled “Seamlessly Embedded Heart Rate Monitor” and duly and
`legally issued on September 18. 2018. The ’257 Patent issued from U.S. Patent Application Serial No.
`14/136,658 filed on December 20, 2013. A true and accurate copy of the ’257 Patent is attached hereto
`as Exhibit 7.
`
`Apple is the owner, by valid assignment, of the entire right, title, and interest in and to the
`’257 Patent. Prior to issuance, the ’257 Patent inventors assigned all right, title, and interest in U.S.
`Patent Application Serial No. 14/136,658 to Apple. This assignment is recorded at the United States
`Patent and Trademark Office (“USPTO”) at Reel/Frame 022149/0581 and a true and accurate copy is
`attached hereto as Exhibit 8.
`
`The ’257 Patent is valid, enforceable, and is currently in full force and effect.
`
`COMPLAINT
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`The ’898 Patent
`
`The ’898 Patent is titled “Wellness Aggregator” and duly and legally issued on April 23,
`2019. The ’898 Patent issued from U.S. Patent Application Serial No. 14/599,424 filed on January 16,
`2015. A true and accurate copy of the ’898 Patent is attached hereto as Exhibit 9.
`
`Apple is the owner, by valid assignment, of the entire right, title, and interest in and to the
`’898 Patent. Prior to issuance, the ’898 Patent inventors assigned all right, title, and interest in U.S.
`Patent Application Serial No. 14/599,424 to Apple. This assignment is recorded at the USPTO at
`Reel/Frame 036850/0376 and a true and accurate copy is attached hereto as Exhibit 10.
`
`The ’898 Patent is valid, enforceable, and is currently in full force and effect.
`The ’619 Patent
`
`The ’619 Patent is titled “Electronic Device Having Sealed Button Biometric Sensing
`System” and duly and legally issued on December 15, 2020. The ’619 Patent issued from U.S. Patent
`Application Serial No. 15/627,336 filed on June 19, 2017. A true and accurate copy of the ’619 Patent
`is attached hereto as Exhibit 11.
`
`Apple is the owner, by valid assignment, of the entire right, title, and interest in and to the
`’619 Patent. Prior to issuance, the ’619 Patent inventors assigned all right, title, and interest in U.S.
`Patent Application Serial No. 15/627,336 to Apple. This assignment is recorded at the USPTO at
`Reel/Frame 042766/0554 and a true and accurate copy is attached hereto as Exhibit 12.
`
`The ’619 Patent is valid, enforceable, and is currently in full force and effect.
`The ’533 Patent
`
`The ’533 Patent is titled “User Interfaces For Health Monitoring” and duly and legally
`issued on February 25, 2020. The ’533 Patent issued from U.S. Patent Application Serial No.
`16/143,959 filed on September 27, 2018. A true and accurate copy of the ’533 Patent is attached hereto
`as Exhibit 13.
`
`Apple is the owner, by valid assignment, of the entire right, title, and interest in and to the
`’533 Patent. Prior to issuance, the ’533 Patent inventors assigned all right, title, and interest in U.S.
`Patent Application Serial No. 16/143,959 to Apple. This assignment is recorded at the USPTO at
`Reel/Frame 048113/0343 and a true and accurate copy is attached hereto as Exhibit 14.
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`The ’533 Patent is valid, enforceable, and is currently in full force and effect.
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`ACCUSED PRODUCTS
`
`The accused products in this case include, but are not limited to, AliveCor’s
`KardiaMobile Card, KardiaMobile, KardiaMobile 6L, Kardia App, KardiaPro (including devices and
`servers, and mobile applications), and KardiaCare products (collectively, the “Accused Products”).
`
`FIRST CAUSE OF ACTION
`Infringement of the ’257 Patent by AliveCor
`
`Apple realleges and incorporates each of the allegations in Paragraphs 1–24 above as
`though fully set forth herein.
`
`The ’257 Patent, titled “Seamlessly Embedded Heart Rate Monitor,” discloses a novel
`device that detects a user heartbeat or heart rhythm to provide electrocardiogram (EKG) data with
`specific and concrete advantages over prior biometric devices. Exhibit 7 (’257 Patent), 1:52–63. The
`’257 Patent explains that prior-art systems were not aesthetically pleasing and were difficult to use,
`because they required additional actions beyond biometric reading. Id., 1:58–2:3. Accordingly, the
`’257 Patent claims a specific structure of an electronic device comprising an enclosure and heart sensor,
`where the heart sensor includes “a first lead comprising a first pad that is embedded in a first portion of
`the enclosure, wherein an exterior surface of the enclosure comprises an exterior surface of the first
`portion, wherein the first pad is positioned underneath the exterior surface of the first portion” and “a
`second lead comprising a second pad that is embedded in a second portion of the enclosure.” Id., cl. 1.
`Further, “the first pad is configured to detect a first electrical signal of the user’s cardiac signal via the
`user’s skin’s contact with the exterior surface of the first portion of the enclosure,” and “the second pad
`is configured to detect a second electrical signal of the user’s cardiac signal via the user’s skin’s contact
`with at least one of the second pad and the second portion of the enclosure.” Id. The enclosure further
`contains a processor configured to receive electrical signals detected by the first and second pads. Id.
`
`AliveCor’s products and/or services that infringe the ’257 Patent include, but are not
`limited to, the KardiaMobile, KardiaMobile 6L, KardiaMobile Card, the Kardia App, and use thereof.
`
`AliveCor makes, uses, sells, offers for sale, and/or imports the Accused Products and
`components thereof in the United States.
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 8 of 53
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`AliveCor directly infringes—literally and/or under the doctrine of equivalents—at least
`Claim 1 of the ’257 Patent by making, using, selling, offering for sale, and/or importing into the United
`States its Accused Products and components thereof.
`
`For example, Claim 1 of the ’257 Patent recites:
`
`1. An electronic device for detecting a user’s cardiac signal, comprising:
`an enclosure;
`a heart sensor configured to detect the user’s cardiac signal, the heart sensor
`comprising:
`a first lead comprising a first pad that is embedded in a first portion of the
`enclosure, wherein an exterior surface of the enclosure comprises an
`exterior surface of the first portion, wherein the first pad is positioned
`underneath the exterior surface of the first portion, and wherein the first
`pad is configured to detect a first electrical signal of the user’s cardiac
`signal via the user’s skin’s contact with the exterior surface of the first
`portion of the enclosure; and
`a second lead comprising a second pad that is embedded in a second
`portion of the enclosure, wherein the second pad is configured to detect a
`second electrical signal of the user’s cardiac signal via the user’s skin’s
`contact with at least one of the second pad and the second portion of the
`enclosure; and
`a processor coupled to the heart sensor and configured to receive and process the
`detected cardiac signal, wherein the first lead further comprises a first connector
`coupled to the first pad and configured to provide the first electrical signal
`detected by the first pad to the processor, and wherein the second lead further
`comprises a second connector coupled to the second pad and configured to
`provide the second electrical signal detected by the second pad to the processor.
`
`The Accused Products practice each limitation of Claim 1 of the ’257 Patent.
`
`To the extent the preamble is construed to be limiting, AliveCor, at least when using the
`Accused Products, practices “an electronic device for detecting a user’s cardiac signal.” See, e.g.,
`Exhibit 15 (KardiaMobile 6L IFU, https://www.kardia.com/assets/old/ifus/kardiamobile6l/19LB65.02-
`en.pdf); Exhibit 16 (KardiaMobile IFU, https://www.kardia.com/assets/old/ifus/kardiamobile/02LB49.6-
`en.pdf); Exhibit 17
`(KardiaMobile Card
`IFU, https://www.alivecor.com/ifus/kardiamobile-
`card/21LB01.2-en.pdf).
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`COMPLAINT
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`AliveCor, at least when using the Accused Products, practices “an enclosure” as required
`by Claim 1 of the ’257 Patent. This component is depicted in the images below. See Exhibit 18
`(KardiaMobile 6L Store Front, https://store.kardia.com/products/kardiamobile6l); Exhibit 19
`(KardiaMobile Store Front, https://store.kardia.com/products/kardiamobile); Exhibit 20 (KardiaMobile
`Card Store Front, https://store.kardia.com/products/kardiamobile-card).
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`COMPLAINT
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`AliveCor, at least when using the Accused Products, practices “a heart sensor configured
`to detect the user’s cardiac signal.” The Accused Products record a user’s EKG (i.e., the electrical
`signal from the user’s heart). See, e.g., Exhibit 15 (KardiaMobile 6L IFU); Exhibit 16 (KardiaMobile
`IFU); Exhibit 17 (KardiaMobile Card IFU).
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`COMPLAINT
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 11 of 53
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`AliveCor, at least when using the Accused Products, practices a heart sensor comprising
`“a first lead comprising a first pad that is embedded in a first portion of the enclosure, wherein an
`exterior surface of the enclosure comprises an exterior surface of the first portion, wherein the first pad
`is positioned underneath the exterior surface of the first portion, and wherein the first pad is configured
`to detect a first electrical signal of the user’s cardiac signal via the user’s skin’s contact with the exterior
`surface of the first portion of the enclosure.” These components are depicted in the images below. See
`Exhibit 18 (KardiaMobile 6L Store Front); Exhibit 19 (KardiaMobile Store Front); Exhibit 20
`(KardiaMobile Card Store Front).
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`COMPLAINT
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 12 of 53
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`AliveCor, at least when using the Accused Products, practices a heart sensor comprising
`“a second lead comprising a second pad that is embedded in a second portion of the enclosure, wherein
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`COMPLAINT
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 13 of 53
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`the second pad is configured to detect a second electrical signal of the user’s cardiac signal via the user’s
`skin’s contact with at least one of the second pad and the second portion of the enclosure.” These
`components are depicted in the images below. See Exhibit 18 (KardiaMobile 6L Store Front); Exhibit
`19 (KardiaMobile Store Front); Exhibit 20 (KardiaMobile Card Store Front).
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`AliveCor, at least when using the Accused Products, practices “a processor coupled to the
`heart sensor and configured to receive and process the detected cardiac signal, wherein the first lead
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`COMPLAINT
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 14 of 53
`Case 5:22-cv-07608 Document1 Filed 12/02/22 Page 14 of 53
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`further comprises a first connector coupled to the first pad and configured to providethe first electrical
`
`signal detected by the first pad to the processor, and wherein the second lead further comprises a second
`
`connector coupled to the second pad and configured to provide the secondelectrical signal detected by
`
`the second pad to the processor.” This component is depicted in the images below. See Exhibit 21
`
`(circuitry images).
`
`First and
`second
`
`Processor
`
`connectors
`AS)
`Op Amp)
`
`:
`ead
`a
`pated.
`aE elieoe
`
`Processor
`(U2-TL8544
`
`COMPLAINT
`
`14
`
`CASE No.
`
`

`

`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 15 of 53
`
`
`
`
`
`Each claim in the ’257 Patent recites an independent invention. Neither Claim 1,
`described above, nor any other individual claim is representative of all claims in the ’257 Patent.
`
`AliveCor has been aware of the ’257 Patent since at least the filing date of this
`Complaint.
`
`AliveCor has actively induced infringement of at least Claim 1 of the ’257 Patent since at
`least the filing date of this Complaint, in violation of 35 U.S.C. § 271(b).
`
`AliveCor’s customers and end-users of the Accused Products directly infringe Claim 1 of
`the ’257 Patent, at least by using the Accused Products, as described above in Paragraphs 32–39.
`
`Since at least the filing date of this Complaint AliveCor knowingly induces infringement
`of at least Claim 1 of the ’257 Patent by customers and end-users of the Accused Products with specific
`intent to induce infringement, and/or with willful blindness to the possibility that its acts induce
`infringement, through activities relating to selling, marketing, advertising, promotion, support, and
`distribution of the Accused Products in the United States.
`
`AliveCor instructs customers and end-users, at least through its marketing, promotional,
`and instructional materials, to use the infringing Accused Products, as described in detail above in
`Paragraphs 32–39. AliveCor creates and distributes promotional and product literature for the Accused
`Products that is designed to instruct, encourage, enable, and facilitate the user of the Accused Products
`in a manner that directly infringes the Asserted Patents. In particular, AliveCor instructs end users on
`how to use its products to sense heart conditions by using the first and second leads to detect electrical
`signals using the processor of the devices. See, e.g., Exhibit 15 (KardiaMobile 6L IFU); Exhibit 16
`(KardiaMobile System IFU); Exhibit 17 (KardiaMobile Card IFU); Exhibit 23 (“Setting up your Kardia
`account,” (2020), https://alivecor.zendesk.com/hc/en-us/articles/1500000111761); Exhibit 24 (“Setting
`
`COMPLAINT
`
`
`
`15
`
`CASE NO. _________
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`1 2 3 4 5 6 7 8 9
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`10
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`

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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 16 of 53
`
`
`up your KardiaMobile,” (2020), https://alivecor.zendesk.com/hc/en-us/articles/360001941227); Exhibit
`25
`(“Setting
`up
`your KardiaMobile
`6L,”
`(2020),
`https://alivecor.zendesk.com/hc/en-
`us/articles/1500000113821);
`Exhibit
`20
`(KardiaMobile
`Card,
`https://store.kardia.com/products/kardiamobile-card);
`Exhibit
`18
`(KardiaMobile
`6L,
`https://store.kardia.com/products/kardiamobile6l);
`Exhibit
`(KardiaMobile,
`https://store.kardia.com/products/kardiamobile).
`
`AliveCor provides its customers and end-users with additional instructions that direct the
`customers and end-users to use the Accused Products in an infringing manner. Such instructions
`include, for example, data sheets, technical specifications, customer support services, product sheets,
`and technical support services.
`
`AliveCor contributed and is contributing to infringement of at least Claim 1 of the ’257
`Patent, in violation of 35 U.S.C. § 271(c).
`
`AliveCor’s customers and end-users of the Accused Products directly infringe Claim 1 of
`the ’257 Patent, at least by using the Accused Products, as described in detail above in Paragraphs 32–
`39.
`
`19
`
`
`AliveCor contributes to infringement of the ’257 Patent by offering to sell, selling, and
`importing into the United States the Accused Products and components thereof, including, for example,
`the Accused Products and associated software applications, firmware, and other services. Such
`components are substantial, material parts of the claimed inventions of the ’257 Patent and have no
`substantial non-infringing use. The only use of AliveCor’s Accused Products is using the first and
`second leads of the devices to detect electrical signals to determine if a user has any heart conditions.
`
`The Accused Products and associated software applications, firmware, and other services
`supplied by AliveCor are especially made and especially adapted for use in infringing the ’257 Patent
`and are not staple articles or commodities of commerce suitable for substantial non-infringing use.
`
`AliveCor’s infringement of the ’257 Patent is without license or other authorization.
`
`AliveCor’s continued infringement of the ’257 Patent has damaged and will continue to
`damage Apple.
`
`COMPLAINT
`
`
`
`16
`
`CASE NO. _________
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`1 2 3 4 5 6 7 8 9
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 17 of 53
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`
`
`
`Unless and until enjoined by this Court, AliveCor will continue to directly infringe as
`well as induce and contribute to infringement of the ’257 Patent. AliveCor’s infringing acts are causing
`and will continue to cause Apple at least irreparable harm, for which there is no adequate remedy at law.
`Under 35 U.S.C. § 283, Apple is entitled to a permanent injunction against further infringement.
`
`This case is exceptional, entitling Apple to an award of attorney’s fees and costs incurred
`in prosecuting this action under 35 U.S.C. § 285.
`
`SECOND CAUSE OF ACTION
`Infringement of the ’619 Patent by AliveCor
`
`Apple realleges and incorporates each of the allegations in Paragraphs 1–52 above as
`though fully set forth herein.
`
`The ’619 Patent discloses a novel device with specific and concrete manufacturing
`improvements to prevent liquid or other contaminants from damaging the internal electronics, including
`the use of a seal and a flexible conduit to transmit electrical signals from the biometric sensors to the
`processor. Exhibit 11 (’619 Patent), 1:14–22, 1:26–40.
`
`AliveCor’s products and/or services that infringe the ’619 Patent include, but are not
`limited to, the KardiaMobile Card, the Kardia App, and use thereof.
`
`AliveCor makes, uses, sells, offers for sale, and/or imports the Accused Products and
`components thereof in the United States.
`
`AliveCor directly infringes—literally and/or under the doctrine of equivalents—at least
`Claim 1 of the ’619 Patent at least by making, using, selling, offering for sale, and/or importing its
`Accused Products and components thereof in the United States.
`
`For example, Claim 1 of the ’619 patent recites:
`
`1. An electronic device comprising:
`an enclosure having an enclosed volume and an opening formed in a sidewall;
`a processor positioned in the enclosed volume;
`a button assembly within the opening, the button assembly comprising:
`an input member having an input surface; and
`
`COMPLAINT
`
`
`
`17
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`CASE NO. _________
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 18 of 53
`
`
`
`a biometric sensor positioned below the input member and configured to
`produce an output signal in response to a touch on the input surface, the
`output signal corresponding to a biometric characteristic;
`a seal positioned between a sealing surface of the button assembly and the
`enclosure; and
`a flexible conduit coupled to the biometric sensor and configured to transmit the
`output signal to the processor; wherein:
`a portion of the flexible conduit is sandwiched between the seal and the sealing
`surface or between the seal and the enclosure.
`
`The Accused Products practice each limitation of Claim 1 of the ’619 Patent.
`
`To the extent the preamble is construed to be limiting, AliveCor, at least when using the
`Accused Products, practices “an electronic device.” See, e.g., Exhibit 20 (KardiaMobile Card Store
`Front, https://store.kardia.com/products/kardiamobile-card); Exhibit 17 (KardiaMobile Card Instructions
`For Use, https://www.alivecor.com/ifus/kardiamobile-card/21LB01.2-en.pdf).
`
`
`
`
`
`AliveCor, at least when using the Accused Products, practices “an enclosure having an
`enclosed volume and an opening formed in a sidewall” as required by Claim 1 of the ’619 Patent. This
`
`COMPLAINT
`
`
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`18
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`Case 5:22-cv-07608 Document 1 Filed 12/02/22 Page 19 of 53
`
`
`component is depicted in the images below. See, e.g., Exhibit 20 (KardiaMobile Card Store Front,
`https://store.kardia.com/products/kardiamobile-card); Exhibit 21 (circuitry images).
`
`
`
`
`
`
`
`AliveCor, at least when using the Accused Products, practices “a processor positioned in
`the enclosed volume” as required by Claim 1 of the ’619 Patent. This component is depicted in the
`image below showing the KardiaMobile Card. Exhibit 21 (circuitry images).
`
`COMPLAINT
`
`
`
`19
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`CASE NO. _________
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