Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 1 of 31
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`ALIVECOR, INC.,
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`Plaintiff
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`v.
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`APPLE, INC.,
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`Defendant
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Civil Action No.: 6:20-cv-1112
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff AliveCor, Inc. (“AliveCor” or “Plaintiff”) for its Complaint for Patent
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`infringement (“Complaint”) against Apple Inc. (“Apple” or “Defendant”), hereby alleges as
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`follows:
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`THE PARTIES
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`1.
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`Plaintiff AliveCor, Inc. is a Delaware corporation having its principal place of
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`business at 444 Castro St, Suite 600, Mountain View, CA 94041.
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`2.
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`AliveCor is the owner by assignment of U.S. Patent No. 10,595,731 (“the ’731
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`Patent”) (attached as Exhibit 1), U.S. Patent No. 10,638,941 (“the ’941 Patent”) (attached as Exhibit
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`2), and U.S. Patent No. 9,572,499 (“the ’499 Patent”) (attached as Exhibit 3) (collectively, the
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`“Patents-in-Suit”).
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`3.
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`Defendant Apple Inc. is a California corporation with a principal place of business
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`at One Apple Park Way, Cupertino, California 95014. Apple can be served through its registered
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`agent, CT Corporation System, 818 W. Seventh Street, Suite 930, Los Angeles, California, 90017.
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`4.
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`5.
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`Apple is registered to do business in Texas.
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`Apple has regular and established places of business in this District, including, at
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`3121 Palm Way, Austin, Texas, 2901 S. Capital of Texas Hwy., Austin, TX, and 12535 Riata Vista
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`Circle, Austin, Texas, and 5501 West Parmer Lane, Austin, Texas. Apple employs thousands of
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`people, including hundreds of engineers, logistics managers, and other employees who work at
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`these locations in Texas. The work done at these Apple locations in Texas includes work related to
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`the Apple Watch.
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`6.
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`The Apple Watch Planning Manager and the Americas Supply and Demand Planner
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`work in Austin, Texas. These Apple employees likely have relevant information relating to, for
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`example, product planning, marketing, historical sales, and forecasted sales of the infringing
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`products.
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`7.
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`Apple’s Digital Strategy Program Manager is also located in Austin, Texas.
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`According to the Digital Strategy Program Manager’s LinkedIn profile, Apple created and managed
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`the introduction of the Apple Watch ECG application, which is the accused technology in this
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`litigation, in Austin. Apple’s Digital Strategy Program Manager likely has information relevant to
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`Apple’s infringement and the amount of damages due.
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`8.
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`Doctors at the Dell Medical School at the University of Texas at Austin as well as
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`the Ascension Seton Medical Center in Austin, Texas also performed a first of its kind study of the
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`infringing Apple products and features. These doctors performed a study to confirm the accuracy
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`of the accused Apple products and features, and validate the use of the accused Apple watch for
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`patients and health care providers. The results of the study were published in a paper entitled “A
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`comparison of manual electrocardiographic interval and waveform analysis in lead 1 of 12-lead
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`ECG and Apple Watch ECG: A validation study.” (Attached as Exhibit 4). As described by the
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`doctors who conducted the study, the Apple Watch Series 4 (AW) “contains built-in software and
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`hardware to perform a single-lead electrocardiogram (ECG) and detect atrial fibrillation.” Ex. 4 at
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`30. The goal of the study was to “compare the accuracy and correlation of the intervals and
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`waveforms derived from the single-lead AW ECG with lead 1 of a standard 12-lead ECG by
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`performing manual interval measurements and waveform analysis in a healthy adult population.”
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`Id. The study’s participants, all of whom used the infringing devices during the investigation, were
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`also located in and around Austin, Texas. Id. at 31. Finally, the doctors who performed the study—
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`all of whom appear to be located in Austin, Texas—have relevant, discoverable information
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`regarding infringement, validity, and damages. Id. at 30.
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`9.
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`Apple has hired or is hiring engineers to join Apple’s Austin-based Custom Silicon
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`Management Group. The Austin-based Custom Silicon Management Group will likely have unique
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`information relevant to infringement including but not limited to information regarding product
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`design, the relevant functionality, and product performance.
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`10.
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`Apple also has a physical place of business in the Western District of Texas
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`including Apple Stores at Barton Creek Square, Austin, Texas and at Apple Domain Northside,
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`Austin, Texas. Apple uses, offers for sale and sells series 4 and later version of Apple’s Watch with
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`the ECG Application installed.
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`11.
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`Apple has placed or contributed to placing infringing products like the Apple Watch
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`into the stream of commerce via an established distribution channel knowing or understanding that
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`such products would be sold and used in the United States, including in the Western District of
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`Texas. On information and belief, Apple also has derived substantial revenues from infringing acts
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`in the Western District of Texas, including from the sale and use of infringing products like the
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`Apple Watch.
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`JURISDICTION AND VENUE
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`12.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`13.
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`This Court has specific personal jurisdiction over Defendant at least in part because
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`Defendant conducts business in this Judicial District. AliveCor’s causes of action arise, at least in
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`part, from Defendant’s contacts with and activities in the State of Texas and this Judicial District.
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`Upon information and belief, Defendant has committed acts of infringement within the State of
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`Texas and this Judicial District by, inter alia, directly and/or indirectly using, selling, offering to
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`sell, or importing products that infringe one or more claims of the ’731 Patent, the ’941 Patent,
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`and/or the ’499 Patent.
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`14.
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`Defendant has committed acts within this District giving rise to this action and has
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`established sufficient minimum contacts with the State of Texas such that the exercise of
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`jurisdiction would not offend traditional notions of fair play and substantial justice.
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`15.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b), (c), and
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`1400(d) because (1) Defendant has done and continues to do business in this Judicial District, (2)
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`Defendant has a regular and established place of business in this Judicial District, and (3) Defendant
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`has committed and continues to commit acts of patent infringement in this Judicial District by, inter
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`alia, directly and/or indirectly using, selling, offering to sell, or importing products that infringe
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`one or more claims of the ’731 Patent, the ’941 Patent, and/or the ’499 Patent.
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`ASSERTED PATENTS
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`16.
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`AliveCor is the owner, by assignment, of U.S. Patent No. 10,595,731, titled
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`“Methods and systems for arrhythmia tracking and scoring.” A true and correct copy of U.S. Patent
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`No. 10,595,731 granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.
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`17.
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`AliveCor is the owner, by assignment, of U.S. Patent No. 10,638,941, titled
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`“Discordance monitoring.” A true and correct copy of U.S. Patent No. 10,638,941 granted by the
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`U.S. Patent & Trademark Office is attached as Exhibit 2.
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`18.
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`AliveCor is the owner, by assignment, of U.S. Patent No. 9,572,499, titled “Methods
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`and systems for arrhythmia tracking and scoring.” A true and correct copy of U.S. Patent No.
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`9,572,499 granted by the U.S. Patent & Trademark Office is attached as Exhibit 3.
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`BACKGROUND
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`19.
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`Cardiovascular diseases are the leading cause of death in the world. In the United
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`States, heart disease is the leading cause of death for men, women, and people of most racial and
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`ethnic groups. https://www.cdc.gov/heartdisease/facts.htm. One person dies every 36 seconds in
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`the United States from cardiovascular disease. Id. About 655,00 Americans die from heart disease
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`each year. Id.
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`20.
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`Arrhythmia is a cardiac condition in which the electric activity of the heart is
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`irregular or is faster (tachycardia) or slower (bradycardia) than normal. ’499 Patent at 1:31-33.
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`Arrhythmias can cause cardiac arrest and even sudden cardiac death. Id. at 1:33-35. Atrial
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`fibrillation is the most common cardiac arrhythmia. Id. at 1:35-36. In atrial fibrillation, electrical
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`conduction through the ventricles of the heart is irregular and disorganized. Id. at 1:36-38. Atrial
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`fibrillation symptoms include palpitations, shortness of breath, fainting, chest pain, or congestive
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`heart failure. Id. at 1:38-40. Atrial fibrillation is also associated with atrial clot formation. Id. at
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`1:40-42. In some cases, after a clot forms it can migrate causing, among other things, stroke. Id.
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`21.
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`Arrhythmias may occur continuously or may occur intermittently. ’941 Patent at
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`1:34-35. Continuous arrhythmias are always present or almost always present. Id. at 1:40-43. Thus,
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`they can be easily diagnosed with well-known diagnosis equipment and techniques. Id. For
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`intermittent arrhythmias, however, the normal diagnosis equipment and techniques only work if the
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`arrhythmia occurs during the diagnostic procedure. Id. at 1:43-49.
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`22.
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`Unlike continuous arrhythmias, diagnosing intermittent arrhythmias is difficult,
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`because, for example, it is not practical to be prepared to apply known diagnostic equipment and
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`techniques at the exact time that an individual experiences an intermittent arrhythmia. Id. at 49-53.
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`This particular difficulty may be compounded when an individual is not aware that they are
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`experiencing an intermittent arrhythmia so that they would not, for example, seek out a health care
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`provider during the intermittent arrhythmia. Id. at 1:53:57. The inventors of the ’731, the ’941, and
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`the ’499 Patents were thus presented with a technical problem: how to provide an arrhythmia
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`diagnosis when the known diagnostic equipment and techniques were unavailable and/or
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`unfeasible. ’941 Patent at 1:26-3:26; ’499 Patent at 1:20-2:4.
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`23.
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`The claims of the ’731, the ’941, and the ’499 Patents are novel, unconventional and
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`focus on specific means and methods of using specialized sensors in a wearable device to improve
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`upon existing cardiac monitoring technology. The Patents-in-Suit explain the state of the art in
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`arrhythmia diagnosis, the limitations in known diagnostic techniques and diagnostic equipment,
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`and the need for the inventors’ improvement in diagnostic techniques and equipment. ’941 Patent
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`at 1:26-3:26; ’499 Patent at 1:20-2:4. The claims then recite specific and novel implementations of
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`apparatus and methods used for diagnosing intermittent arrhythmias that address the limitations in
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`the prior art including the requirement that the users be aware of the potential arrhythmia and have
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`ready access to specialized diagnostic equipment in a clinical setting. In the Patents-in-Suit, a
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`unique and novel combination of sensors are used to sense certain parameter values such as, for
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`example, heart rate and activity level, which are then analyzed to predict or determine the presence
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`of an arrhythmia. See, e.g., ’731 Patent at 26:27-52. These novel wearable devices differ from the
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`disclosed and known prior art for several reasons including the incorporation and coordinated use
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`of photoplethysmography (“PPG”), electrocardiography (“ECG”), and movement sensors in order
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`to collect accurate, real-time cardiac data of the user and compare such data to the expected cardiac
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`data based on the activity level of the user. Id. at 4:46-5:29. The claimed invention thus offers a
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`uniquely convenient heart monitoring apparatus and method that leverages wearability, specialized
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`sensors, and machine learning to generate more accessible and effective diagnosis of potentially
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`dangerous arrhythmia conditions.
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`COUNT I
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`Apple’s Infringement of U.S. Patent No 10,595,731
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`24.
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`AliveCor restates and incorporates by reference all of the allegations made in the
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`preceding paragraphs as though fully set forth herein.
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`25.
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`AliveCor is the owner, by assignment, of U.S. Patent No. 10,595,731, titled
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`“Methods and systems for arrhythmia tracking and scoring.” A true and correct copy of U.S. Patent
`
`No. 10,595,731 granted by the U.S. Patent & Trademark Office is attached as Exhibit 1.
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`26.
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`Defendant Apple has infringed, and is continuing to infringe, literally or under the
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`doctrine of equivalents, at least independent claim 1 of the ’731 Patent by making, using, selling,
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`and/or offering for sale its Apple Watch Series 4 and later devices with the ECG App (“Apple
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`Accused Products”) in the United States, in violation of 35 U.S.C. § 271(a). See, e.g.,
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`https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Apple
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`has
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`also
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`infringed, and is continuing to infringe, literally or under the doctrine of equivalents claims 2, 12,
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`and 13 of the ’731 Patent.
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`27.
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`At least as of the filing of the complaint, Defendant Apple has knowledge of the
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`’731 Patent.
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`28.
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`As a non-limiting example, the Apple Watch Series 5 is a smart watch to detect the
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`presence of an arrhythmia of a user as required by claim 1 of the ’731 Patent. As a way of
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`illustration, the Apple Watch Series 5 is a smart watch that can detect the presence of an arrhythmia.
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`According to the Apple website,
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`“Your finger can tell you a lot about your heart. Electrodes built into the Digital Crown and
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`the back crystal work together with the ECG app to read your heartʼs electrical signals.
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`Simply touch the Digital Crown to generate an ECG waveform in just 30 seconds. The ECG
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`app can indicate whether your heart rhythm shows signs of atrial fibrillation — a serious
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`form of irregular heart rhythm — or sinus rhythm, which means your heart is beating in a
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`normal pattern.”
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`https://www.apple.com/apple-watch-series-5/.
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`https://www.apple.com/healthcare/apple-watch/.
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`29.
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`The Apple Watch Series 5 includes a processing device, i.e. a 64-bit dual-core S5
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`processor.
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`https://www.apple.com/watch/compare/.
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`30.
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`The Apple Watch Series 5 includes a PPG sensor operatively coupled to the
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`processing device.
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`https://support.apple.com/en-us/HT204666#sensors.
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`31.
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`The Apple Watch Series 5 includes an ECG sensor, comprising two or more ECG
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`electrodes, the ECG sensor operatively coupled to the processing device.
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`https://support.apple.com/en-us/HT204666#sensors.
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`32.
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`The Apple Watch Series 5 includes a display operatively coupled to the processing
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`device.
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`https://support.apple.com/en-us/HT204666#sensors.
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`33.
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`The Apple Watch Series 5 includes a memory, operatively coupled to the processing
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`device, the memory having instructions stored thereon.
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`https://www.apple.com/watch/compare/.
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`34.
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`The Apple Watch Series 5 includes memory having instructions stored thereon that,
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`when executed by the processing device, cause the processing device to receive PPG data from the
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`PPG sensor.
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`https://support.apple.com/en-us/HT204666#sensors.
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`35.
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`The Apple Watch Series 5 includes memory having instructions stored thereon that,
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`when executed by the processing device, cause the processing device to detect, based on the PPG
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`data, the presence of an arrhythmia.
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`36.
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`The Apple Watch Series 5 includes memory having instructions stored thereon that,
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`when executed by the processing device, cause the processing device to receive ECG data from the
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`ECG sensor.
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`https://support.apple.com/en-us/HT208955.
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`37.
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`The Apple Watch Series 5 includes memory having instructions stored thereon that,
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`when executed by the processing device, cause the processing device to confirm the presence of the
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`arrhythmia based on the ECG data.
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`https://support.apple.com/en-us/HT208955.
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`See also, e.g., September 11, 2018 FDA Letter to Apple, attached as Exhibit 5.
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`38.
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`This description is based on publicly available information and a reasonable
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`investigation of the structure and operation of the Apple Accused Products. AliveCor reserves the
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`right to modify this description, including, for example, on the basis of information about the Apple
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`Accused Products that it obtains during discovery.
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`39.
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`Apple’s infringement has damaged and continues to damage AliveCor in an amount
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`yet to be determined, but at least a reasonable royalty and/or the lost profits that AliveCor would
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`have made but for Apple’s acts of infringement.
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`40.
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`This is an exceptional case. AliveCor is entitled to attorneys’ fees and costs under
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`35 U.S.C. § 285 as a result of the infringement of the ’731 Patent by Apple.
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`COUNT II
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`Apple’s Infringement of U.S. Patent No 10,638,941
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`41.
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`AliveCor restates and incorporates by reference all of the allegations made in the
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`preceding paragraphs as though fully set forth herein.
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`42.
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`AliveCor is the owner, by assignment, of U.S. Patent No. 10,638,941, titled
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`“Discordance monitoring.” A true and correct copy of U.S. Patent No. 10,638,941 granted by the
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`U.S. Patent & Trademark Office is attached as Exhibit 2.
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`43.
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`Defendant Apple has infringed, and is continuing to infringe, literally or under the
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`doctrine of equivalents, at least independent claim 12 of the ’941 Patent by making, using, selling,
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`and/or offering for sale its Apple Watch Series 4 and later devices with the ECG App (“Apple
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`Accused Products”) in the United States, in violation of 35 U.S.C. § 271(a). See, e.g.,
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`https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Apple
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`has
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`also
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`infringed, and is continuing to infringe, literally or under the doctrine of equivalents claims 16, 18,
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`and 20-22 of the ’941 Patent.
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`44.
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`At least as of the filing of the complaint, Defendant Apple has knowledge of the
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`’941 Patent.
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`45.
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`As a non-limiting example, the Apple Watch Series 5 is a smartwatch.
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`“Your finger can tell you a lot about your heart. Electrodes built into the Digital Crown and
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`the back crystal work together with the ECG app to read your heartʼs electrical signals.
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`Simply touch the Digital Crown to generate an ECG waveform in just 30 seconds. The ECG
`
`app can indicate whether your heart rhythm shows signs of atrial fibrillation — a serious
`
`form of irregular heart rhythm — or sinus rhythm, which means your heart is beating in a
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`normal pattern.”
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`https://www.apple.com/apple-watch-series-5/.
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`https://www.apple.com/healthcare/apple-watch/.
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`46.
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`The Apple Watch Series 5 includes a processor.
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`https://www.apple.com/watch/compare/.
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`47.
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`The Apple Watch Series 5 includes a first sensor configured to sense an activity
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`level value of a user, wherein the first sensor is coupled to the processor.
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`https://support.apple.com/en-us/HT204666 (highlighting added).
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`48.
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`The Apple Watch Series 5 includes a PPG sensor configured to sense a heart rate
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`parameter of the user when the activity level value is resting, wherein the PPG sensor is coupled to
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`the processor.
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`https://support.apple.com/en-us/HT204666#sensors.
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`49.
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`The Apple Watch Series 5 includes an ECG sensor configured to sense electrical
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`signals of a heart, wherein the ECG sensor comprises a first electrode and a second electrode, and
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`wherein the ECG sensor is coupled to the processor.
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`https://support.apple.com/en-us/HT204666#sensors.
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`50.
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`The Apple Watch Series 5 includes a non-transitory computer readable storage
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`medium encoded with a computer program including instructions executable by the processor.
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`https://www.apple.com/watch/compare/.
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`51.
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`The Apple Watch Series 5 includes instructions executable by the processor to cause
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`the processor to determine if a discordance is present between the activity level value of the user
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`and the heart rate parameter of the user.
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`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
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`52.
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`The Apple Watch Series 5 includes instructions executable by the processor to cause
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`the processor to, based on the presence of the discordance, indicate to the user a possibility of an
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`arrhythmia being present.
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`https://support.apple.com/en-us/HT208955.
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`See also, e.g., Ex. 5.
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`53. The Apple Watch Series 5 includes instructions executable by the processor to cause
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`the processor to receive electric signals of the user from the ECG sensor to confirm the presence of
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`the arrhythmia.
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`https://support.apple.com/en-us/HT208955.
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`See also, e.g., Ex. 5.
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`54.
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`This description is based on publicly available information and a reasonable
`
`investigation of the structure and operation of the Apple Accused Products. AliveCor reserves the
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`right to modify this description, including, for example, on the basis of information about the Apple
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`Accused Products that it obtains during discovery.
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`55.
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`Apple’s infringement has damaged and continues to damage AliveCor in an amount
`
`yet to be determined, but at least a reasonable royalty and/or the lost profits that AliveCor would
`
`have made but for Apple’s acts of infringement.
`
`56.
`
`This is an exceptional case. AliveCor is entitled to attorneys’ fees and costs under
`
`35 U.S.C. § 285 as a result of the infringement of the ’941 Patent by Apple.
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 22 of 31
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`
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`COUNT III
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`Apple’s Infringement of U.S. Patent No 9,572,499
`
`57.
`
`AliveCor restates and incorporates by reference all of the allegations made in the
`
`preceding paragraphs as though fully set forth herein.
`
`58.
`
`AliveCor is the owner, by assignment, of U.S. Patent No. 9,572,499, titled “Methods
`
`and systems for arrhythmia tracking and scoring.” A true and correct copy of U.S. Patent No.
`
`9,572,499 granted by the U.S. Patent & Trademark Office is attached as Exhibit 3.
`
`59.
`
`Defendant Apple has infringed, and is continuing to infringe, literally or under the
`
`doctrine of equivalents, at least independent claim 11 of the ’499 Patent by making, using, selling,
`
`and/or offering for sale its Apple Watch Series 4 and later devices with the ECG App (“Apple
`
`Accused Products”) in the United States, in violation of 35 U.S.C. § 271(a). See, e.g.,
`
`https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Defendant Apple has
`
`also infringed, and is continuing to infringe, literally or under the doctrine of equivalents, claim 16.
`
`60.
`
`At least as of the filing of the complaint, Defendant Apple has knowledge of the
`
`’499 Patent.
`
`61.
`
`As a non-limiting example, the Apple Watch Series 5 is a system for determining
`
`the presence of an arrhythmia of a first user, comprising a heart rate sensor coupled to said first
`
`user.
`
`“Your finger can tell you a lot about your heart. Electrodes built into the Digital Crown and
`
`the back crystal work together with the ECG app to read your heartʼs electrical signals.
`
`Simply touch the Digital Crown to generate an ECG waveform in just 30 seconds. The ECG
`
`app can indicate whether your heart rhythm shows signs of atrial fibrillation — a serious
`
`form of irregular heart rhythm — or sinus rhythm, which means your heart is beating in a
`
`normal pattern.”
`
`https://www.apple.com/apple-watch-series-5/.
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`00811-99581/12425329.9
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 23 of 31
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`
`
`https://www.apple.com/healthcare/apple-watch/.
`
`62.
`
`The Apple Watch Series 5 includes a mobile computing device comprising a
`
`processor, wherein said mobile computing device is coupled to said heart rate sensor, and wherein
`
`said mobile computing device is configured to sense an electrocardiogram of said first user.
`
`
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 24 of 31
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`
`
`https://www.apple.com/healthcare/apple-watch/.
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`https://www.apple.com/watch/compare/.
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`00811-99581/12425329.9
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 25 of 31
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`
`
`https://support.apple.com/en-us/HT204666#sensors.
`
`
`
`“Your finger can tell you a lot about your heart. Electrodes built into the Digital Crown and
`
`the back crystal work together with the ECG app to read your heartʼs electrical signals.
`
`Simply touch the Digital Crown to generate an ECG waveform in just 30 seconds. The ECG
`
`00811-99581/12425329.9
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 26 of 31
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`
`
`app can indicate whether your heart rhythm shows signs of atrial fibrillation — a serious
`
`form of irregular heart rhythm — or sinus rhythm, which means your heart is beating in a
`
`normal pattern.”
`
`https://www.apple.com/apple-watch-series-5/.
`
`63.
`
`The Apple Watch Series 5 includes a motion sensor.
`
`https://support.apple.com/en-us/HT204666.
`
`64.
`
`The Apple Watch Series 5 includes a non-transitory computer readable medium
`
`encoded with a computer program including instructions executable by said processor to cause said
`
`processor to receive a heart rate of said first user from said heart rate sensor, sense an activity level
`
`of said first user from said motion sensor, determine a heart rate variability of said first user based
`
`on said heart rate of said first user, compare and [sic] activity level of said first user to said heart
`
`rate variability of said first user, and alert said first user to record an electrocardiogram using said
`
`mobile computing device.
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 27 of 31
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`
`
`https://www.apple.com/watch/compare/.
`
`https://support.apple.com/en-us/HT204666.
`
`https://support.apple.com/en-us/HT204666#sensors.
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 28 of 31
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`
`
`https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
`
`https://support.apple.com/en-us/HT208955.
`
`See also, e.g., Ex. 5.
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 29 of 31
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`
`
`
`
`https://www.apple.com/healthcare/apple-watch/.
`
`65.
`
`This description is based on publicly available information and a reasonable
`
`investigation of the structure and operation of the Apple Accused Products. AliveCor reserves the
`
`right to modify this description, including, for example, on the basis of information about the Apple
`
`Accused Products that it obtains during discovery.
`
`66.
`
`Apple’s infringement has damaged and continues to damage AliveCor in an amount
`
`yet to be determined, but at least a reasonable royalty and/or the lost profits that AliveCor would
`
`have made but for Apple’s acts of infringement.
`
`67.
`
`This is an exceptional case. AliveCor is entitled to attorneys’ fees and costs under
`
`35 U.S.C. § 285 as a result of the infringement of the ’499 Patent by Apple.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff demands a jury trial for all issues deemed to be triable by a jury.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, AliveCor requests the Court grant the relief set forth below:
`
`A.
`
`Enter judgment that Defendant has infringed, and continues to infringe, one or
`
`more claims of the ’731 Patent, the ’941 Patent, and/or the ’499 Patent;
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 30 of 31
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`
`
`B.
`
`Temporarily, preliminarily, or permanently enjoin Defendant, their parents,
`
`subsidiaries, affiliates, divisions, officers, agents, servants, employees, directors, partners,
`
`representatives, all individuals and entities in active concert and/or participation with them, and
`
`all individuals and/or entities within their control from engaging in the aforesaid unlawful acts of
`
`patent infringement;
`
`C.
`
`Order Defendant to account for and pay damages caused to AliveCor by
`
`Defendant’s unlawful acts of patent infringement;
`
`D.
`
`Award AliveCor increased damages and attorney fees pursuant to 35 U.S.C. §§
`
`284 and 285;
`
`E.
`
`F.
`
`Award AliveCor the interest and costs incurred in this action; and
`
`Grant AliveCor such other and further relief, including equitable relief, as the
`
`Court deems just and proper.
`
`
`
`
`DATED: December 7, 2020
`
` Respectfully submitted,
`
`
`
`
`
`
`By /s/ J. Mark Mann
`J. Mark Mann
`State Bar No. 12926150
`Mark@TheMannFirm.com
`G. Blake Thompson
`State Bar No. 24042033
`Blake@TheMannFirm.com
`MANN | TINDEL | THOMPSON
`300 W Main Street
`Henderson, TX 75652
`Telephone: (903) 657-8540
`Facsimile: (903) 657-6003
`
`Sean S. Pak
`Michelle A. Clark
`Andrew M. Holmes
`Philip C. Ducker
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`00811-99581/12425329.9
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`
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`Page | 30
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`Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 31 of 31
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`
`
`50 California Street, 22nd Floor
`San Francisco, CA 94118
`Telephone: (415) 875-6600
`Facsimile: (415) 875-6700
`seanpak@quinnemanuel.com
`michelleclark@quinnemanuel.com
`drewholmes@quinnemanuel.com
`philipducker@quinnemanuel.com
`
`Adam B. Wolfson
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`865 S. Figueroa St., 10th Floor
`Los Angeles, CA 90017
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
`adamwolfson@quinnemanuel.com
`
`
`
`
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`Page | 31
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`