`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`ALIVECOR, INC.,
`Appellant
`
`v.
`
`INTERNATIONAL TRADE COMMISSION,
`Appellee
`
`APPLE INC.,
`Intervenor
`-------------------------------------------------
`
`APPLE INC.,
`Appellant
`
`v.
`
`INTERNATIONAL TRADE COMMISSION,
`Appellee
`
`ALIVECOR, INC.,
`Intervenor
`______________________
`
`2023-1509, 2023-1553
`______________________
`
`Appeals from the United States International Trade
`Commission in Investigation No. 337-TA-1266.
`______________________
`
`
`
`
`
`
`
`Case: 23-1509 Document: 58 Page: 2 Filed: 09/28/2023
`
`2
`
`
`
`ALIVECOR, INC. v. ITC
`
`
`ON MOTION
`______________________
`
`Before DYK, Circuit Judge.
`O R D E R
`Apple Inc. moves unopposed pursuant to Federal Cir-
`
`cuit Rule 25.1(d)(3) to redact from its opening and response
`brief 49 unique words relating to AliveCor, Inc.’s confiden-
`tial business information regarding its finances, product
`information, and related agreements with third-parties.
`Dr. Hugh Calkins, the Computer & Communications In-
`dustry Association (“CCIA”), Dr. Leslie A. Saxon, Unified
`Patents, LLC, and Dr. Robert M. Wachter (collectively, “the
`amici”) separately move for leave to file briefs amicus cu-
`riae in support of Apple. The amici state that Apple and
`the International Trade Commission consent to their mo-
`tions and that AliveCor does not consent. AliveCor has not
`responded to the amici’s motions.
`
`The court notes that the briefs submitted by Dr. Cal-
`kins, CCIA, Unified Patents, and Dr. Wachter include the
`following deficiencies: (1) Dr. Calkins’s, CCIA’s, and Dr.
`Wachter’s briefs do not include the source of authority to
`file, see Fed. R. App. P. 29(a)(4)(D); (2) the covers of CCIA’s
`and Unified Patents’s briefs do not state whether the briefs
`support affirmance or reversal, see Fed. R. App. P. 29(a)(4);
`and (3) the cover of CCIA’s brief does not identify the party
`or parties supported, see id.
` Upon consideration thereof,
`IT IS ORDERED THAT:
`
`
`(1) ECF Nos. 42-1, 45-1, 51-1, and 52, are granted to
`the extent that, no later than seven days from the date of
`entry of this order, Dr. Calkins, CCIA, Unified Patents, and
`Dr. Wachter are each directed to file a corrected amicus
`
`
`
`Case: 23-1509 Document: 58 Page: 3 Filed: 09/28/2023
`
`ALIVECOR, INC. v. ITC
`
` 3
`
`brief resolving the above-identified issues and including
`the word “corrected” in the title, Fed. Cir. R. 25(i)(2).
`
`(2) Dr. Saxon’s motion, ECF No. 48-1, is granted. ECF
`No. 48-2 is accepted for filing.
`
`(3) The motion to exceed the confidential word limit,
`ECF No. 39, is granted. The confidential and non-confiden-
`tial versions of Apple’s opening and response brief (ECF
`Nos. 37 and 38, respectively) are accepted for filing.
`
`FOR THE COURT
`
`/s/ Jarrett B. Perlow
`Jarrett B. Perlow
`Clerk of Court
`
`
`September 28, 2023
` Date
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
