AliveCor v. Apple

Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 1 of 31
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS
WACO DIVISION
ALIVECOR, INC.,
Plaintiff
v. Civil Action No.: 6:20-cv-1112
APPLE, INC.,
Defendant
COMPLAINT FOR PATENT INFRINGEMENT
Plaintiff AliveCor, Inc. (“AliveCor” or “Plaintiff”) for its Complaint for Patent
infringement (“Complaint”) against Apple Inc. (“Apple” or “Defendant”), hereby alleges as
follows:
THE PARTIES
1. Plaintiff AliveCor, Inc. is a Delaware corporation having its principal place of
business at 444 Castro St, Suite 600, Mountain View, CA 94041.
2. AliveCor is the owner by assignment of U.S. Patent No. 10,595,731 (“the ’731
Patent”) (attached as Exhibit 1), U.S. Patent No. 10,638,941 (“the ’941 Patent”) (attached as Exhibit
2), and U.S. Patent No. 9,572,499 (“the ’499 Patent”) (attached as Exhibit 3) (collectively, the
“Patents-in-Suit”).
3. Defendant Apple Inc. is a California corporation with a principal place of business
at One Apple Park Way, Cupertino, California 95014. Apple can be served through its registered
agent, CT Corporation System, 818 W. Seventh Street, Suite 930, Los Angeles, California, 90017.
4. Apple is registered to do business in Texas.
5. Apple has regular and established places of business in this District, including, at
3121 Palm Way, Austin, Texas, 2901 S. Capital of Texas Hwy., Austin, TX, and 12535 Riata Vista
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
these locations in Texas. The work done at these Apple locations in Texas includes work related to
the Apple Watch.
6. The Apple Watch Planning Manager and the Americas Supply and Demand Planner
work in Austin, Texas. These Apple employees likely have relevant information relating to, for
example, product planning, marketing, historical sales, and forecasted sales of the infringing
products.
7. Apple’s Digital Strategy Program Manager is also located in Austin, Texas.
According to the Digital Strategy Program Manager’s LinkedIn profile, Apple created and managed
the introduction of the Apple Watch ECG application, which is the accused technology in this
litigation, in Austin. Apple’s Digital Strategy Program Manager likely has information relevant to
Apple’s infringement and the amount of damages due.
8. Doctors at the Dell Medical School at the University of Texas at Austin as well as
the Ascension Seton Medical Center in Austin, Texas also performed a first of its kind study of the
infringing Apple products and features. These doctors performed a study to confirm the accuracy
of the accused Apple products and features, and validate the use of the accused Apple watch for
patients and health care providers. The results of the study were published in a paper entitled “A
comparison of manual electrocardiographic interval and waveform analysis in lead 1 of 12-lead

ECG and Apple Watch ECG: A validation study.” (Attached as Exhibit 4). As described by the
doctors who conducted the study, the Apple Watch Series 4 (AW) “contains built-in software and
hardware to perform a single-lead electrocardiogram (ECG) and detect atrial ﬁbrillation.” Ex. 4 at
30. The goal of the study was to “compare the accuracy and correlation of the intervals and
waveforms derived from the single-lead AW ECG with lead 1 of a standard 12-lead ECG by
performing manual interval measurements and waveform analysis in a healthy adult population.”
Id. The study’s participants, all of whom used the infringing devices during the investigation, were
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
regarding infringement, validity, and damages. Id. at 30.
9. Apple has hired or is hiring engineers to join Apple’s Austin-based Custom Silicon
Management Group. The Austin-based Custom Silicon Management Group will likely have unique
information relevant to infringement including but not limited to information regarding product
design, the relevant functionality, and product performance.
10. Apple also has a physical place of business in the Western District of Texas
including Apple Stores at Barton Creek Square, Austin, Texas and at Apple Domain Northside,
Austin, Texas. Apple uses, offers for sale and sells series 4 and later version of Apple’s Watch with
the ECG Application installed.
11. Apple has placed or contributed to placing infringing products like the Apple Watch
into the stream of commerce via an established distribution channel knowing or understanding that
such products would be sold and used in the United States, including in the Western District of
Texas. On information and belief, Apple also has derived substantial revenues from infringing acts
in the Western District of Texas, including from the sale and use of infringing products like the
Apple Watch.
JURISDICTION AND VENUE
12. This is an action for patent infringement arising under the patent laws of the United
States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction
pursuant to 28 U.S.C. §§ 1331 and 1338(a).
13. This Court has specific personal jurisdiction over Defendant at least in part because
Defendant conducts business in this Judicial District. AliveCor’s causes of action arise, at least in
part, from Defendant’s contacts with and activities in the State of Texas and this Judicial District.
Upon information and belief, Defendant has committed acts of infringement within the State of
Texas and this Judicial District by, inter alia, directly and/or indirectly using, selling, offering to
sell, or importing products that infringe one or more claims of the ’731 Patent, the ’941 Patent,
and/or the ’499 Patent.
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14. Defendant has committed acts within this District giving rise to this action and has
established sufficient minimum contacts with the State of Texas such that the exercise of
jurisdiction would not offend traditional notions of fair play and substantial justice.
15. Venue is proper in this Judicial District pursuant to 28 U.S.C. § 1391(b), (c), and
1400(d) because (1) Defendant has done and continues to do business in this Judicial District, (2)
Defendant has a regular and established place of business in this Judicial District, and (3) Defendant
has committed and continues to commit acts of patent infringement in this Judicial District by, inter
alia, directly and/or indirectly using, selling, offering to sell, or importing products that infringe
one or more claims of the ’731 Patent, the ’941 Patent, and/or the ’499 Patent.
ASSERTED PATENTS
16. AliveCor is the owner, by assignment, of U.S. Patent No. 10,595,731, titled
“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.
“Discordance monitoring.” A true and correct copy of U.S. Patent No. 10,638,941 granted by the
U.S. Patent & Trademark Office is attached as Exhibit 2.
18. 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.
BACKGROUND
19. Cardiovascular diseases are the leading cause of death in the world. In the United
States, heart disease is the leading cause of death for men, women, and people of most racial and
ethnic groups. https://www.cdc.gov/heartdisease/facts.htm. One person dies every 36 seconds in
the United States from cardiovascular disease. Id. About 655,00 Americans die from heart disease
each year. Id.
20. Arrhythmia is a cardiac condition in which the electric activity of the heart is
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
fibrillation is the most common cardiac arrhythmia. Id. at 1:35-36. In atrial fibrillation, electrical
conduction through the ventricles of the heart is irregular and disorganized. Id. at 1:36-38. Atrial
fibrillation symptoms include palpitations, shortness of breath, fainting, chest pain, or congestive
heart failure. Id. at 1:38-40. Atrial fibrillation is also associated with atrial clot formation. Id. at
1:40-42. In some cases, after a clot forms it can migrate causing, among other things, stroke. Id.
21. Arrhythmias may occur continuously or may occur intermittently. ’941 Patent at
1:34-35. Continuous arrhythmias are always present or almost always present. Id. at 1:40-43. Thus,
they can be easily diagnosed with well-known diagnosis equipment and techniques. Id. For
intermittent arrhythmias, however, the normal diagnosis equipment and techniques only work if the
arrhythmia occurs during the diagnostic procedure. Id. at 1:43-49.
22. Unlike continuous arrhythmias, diagnosing intermittent arrhythmias is difficult,
because, for example, it is not practical to be prepared to apply known diagnostic equipment and
techniques at the exact time that an individual experiences an intermittent arrhythmia. Id. at 49-53.
This particular difficulty may be compounded when an individual is not aware that they are
experiencing an intermittent arrhythmia so that they would not, for example, seek out a health care
provider during the intermittent arrhythmia. Id. at 1:53:57. The inventors of the ’731, the ’941, and
the ’499 Patents were thus presented with a technical problem: how to provide an arrhythmia
diagnosis when the known diagnostic equipment and techniques were unavailable and/or
unfeasible. ’941 Patent at 1:26-3:26; ’499 Patent at 1:20-2:4.
23. The claims of the ’731, the ’941, and the ’499 Patents are novel, unconventional and
focus on specific means and methods of using specialized sensors in a wearable device to improve
upon existing cardiac monitoring technology. The Patents-in-Suit explain the state of the art in
arrhythmia diagnosis, the limitations in known diagnostic techniques and diagnostic equipment,
and the need for the inventors’ improvement in diagnostic techniques and equipment. ’941 Patent
at 1:26-3:26; ’499 Patent at 1:20-2:4. The claims then recite specific and novel implementations of
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
ready access to specialized diagnostic equipment in a clinical setting. In the Patents-in-Suit, a
unique and novel combination of sensors are used to sense certain parameter values such as, for
example, heart rate and activity level, which are then analyzed to predict or determine the presence
of an arrhythmia. See, e.g., ’731 Patent at 26:27-52. These novel wearable devices differ from the
disclosed and known prior art for several reasons including the incorporation and coordinated use
of photoplethysmography (“PPG”), electrocardiography (“ECG”), and movement sensors in order
to collect accurate, real-time cardiac data of the user and compare such data to the expected cardiac
data based on the activity level of the user. Id. at 4:46-5:29. The claimed invention thus offers a
uniquely convenient heart monitoring apparatus and method that leverages wearability, specialized
sensors, and machine learning to generate more accessible and effective diagnosis of potentially
dangerous arrhythmia conditions.
COUNT I
Apple’s Infringement of U.S. Patent No 10,595,731
24. AliveCor restates and incorporates by reference all of the allegations made in the
preceding paragraphs as though fully set forth herein.
“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.
26. Defendant Apple has infringed, and is continuing to infringe, literally or under the
doctrine of equivalents, at least independent claim 1 of the ’731 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. Apple has also
infringed, and is continuing to infringe, literally or under the doctrine of equivalents claims 2, 12,
and 13 of the ’731 Patent.
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27. At least as of the filing of the complaint, Defendant Apple has knowledge of the
’731 Patent.
28. As a non-limiting example, the Apple Watch Series 5 is a smart watch to detect the
presence of an arrhythmia of a user as required by claim 1 of the ’731 Patent. As a way of
illustration, the Apple Watch Series 5 is a smart watch that can detect the presence of an arrhythmia.
According to the Apple website,
“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/.
https://www.apple.com/healthcare/apple-watch/.
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29. The Apple Watch Series 5 includes a processing device, i.e. a 64-bit dual-core S5
processor.
https://www.apple.com/watch/compare/.
30. The Apple Watch Series 5 includes a PPG sensor operatively coupled to the
processing device.
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https://support.apple.com/en-us/HT204666#sensors.
31. The Apple Watch Series 5 includes an ECG sensor, comprising two or more ECG
electrodes, the ECG sensor operatively coupled to the processing device.
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32. The Apple Watch Series 5 includes a display operatively coupled to the processing
device.
33. The Apple Watch Series 5 includes a memory, operatively coupled to the processing
device, the memory having instructions stored thereon.
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34. The Apple Watch Series 5 includes memory having instructions stored thereon that,
when executed by the processing device, cause the processing device to receive PPG data from the
PPG sensor.
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when executed by the processing device, cause the processing device to detect, based on the PPG
data, the presence of an arrhythmia.
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when executed by the processing device, cause the processing device to receive ECG data from the
ECG sensor.
https://support.apple.com/en-us/HT208955.
when executed by the processing device, cause the processing device to confirm the presence of the
arrhythmia based on the ECG data.
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See also, e.g., September 11, 2018 FDA Letter to Apple, attached as Exhibit 5.
38. 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.
39. 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.
40. 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 ’731 Patent by Apple.
COUNT II
“Discordance monitoring.” A true and correct copy of U.S. Patent No. 10,638,941 granted by the
U.S. Patent & Trademark Office is attached as Exhibit 2.
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https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Apple has also
infringed, and is continuing to infringe, literally or under the doctrine of equivalents claims 16, 18,
and 20-22 of the ’941 Patent.
’941 Patent.
45. As a non-limiting example, the Apple Watch Series 5 is a smartwatch.
normal pattern.”
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46. The Apple Watch Series 5 includes a processor.
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47. The Apple Watch Series 5 includes a first sensor configured to sense an activity
level value of a user, wherein the first sensor is coupled to the processor.
https://support.apple.com/en-us/HT204666 (highlighting added).
48. The Apple Watch Series 5 includes a PPG sensor configured to sense a heart rate
parameter of the user when the activity level value is resting, wherein the PPG sensor is coupled to
the processor.
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49. The Apple Watch Series 5 includes an ECG sensor configured to sense electrical
signals of a heart, wherein the ECG sensor comprises a first electrode and a second electrode, and
wherein the ECG sensor is coupled to the processor.
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50. The Apple Watch Series 5 includes a non-transitory computer readable storage
medium encoded with a computer program including instructions executable by the processor.
51. The Apple Watch Series 5 includes instructions executable by the processor to cause
the processor to determine if a discordance is present between the activity level value of the user
and the heart rate parameter of the user.
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https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
the processor to, based on the presence of the discordance, indicate to the user a possibility of an
arrhythmia being present.
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See also, e.g., Ex. 5.
the processor to receive electric signals of the user from the ECG sensor to confirm the presence of
the arrhythmia.

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COUNT III
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.
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.
’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.
normal pattern.”
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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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normal pattern.”
63. The Apple Watch Series 5 includes a motion sensor.
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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https://www.apple.com/healthcare/docs/site/Apple_Watch_Arrhythmia_Detection.pdf.
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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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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. Award AliveCor the interest and costs incurred in this action; and
F. 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
[email protected]
G. Blake Thompson
State Bar No. 24042033
[email protected]
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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50 California Street, 22nd Floor

San Francisco, CA 94118
Telephone: (415) 875-6600
Facsimile: (415) 875-6700
[email protected]
[email protected]
[email protected]
[email protected]
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
[email protected]
00811-99581/12425329.9
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Case 6:20-cv-01112-ADA Document 1 Filed 12/07/20 Page 1 of 31

UNITED STATES DISTRICT COURT

v. Civil Action No.: 6:20-cv-1112

COMPLAINT FOR PATENT INFRINGEMENT

infringement (“Complaint”) against Apple Inc. (“Apple” or “Defendant”), hereby alleges as

1. Plaintiff AliveCor, Inc. is a Delaware corporation having its principal place of

business at 444 Castro St, Suite 600, Mountain View, CA 94041.

3. Defendant Apple Inc. is a California corporation with a principal place of business

4. Apple is registered to do business in Texas.

the Apple Watch.

7. Apple’s Digital Strategy Program Manager is also located in Austin, Texas.

Apple’s infringement and the amount of damages due.

comparison of manual electrocardiographic interval and waveform analysis in lead 1 of 12-lead

all of whom appear to be located in Austin, Texas—have relevant, discoverable information

regarding infringement, validity, and damages. Id. at 30.

design, the relevant functionality, and product performance.

the ECG Application installed.

JURISDICTION AND VENUE

pursuant to 28 U.S.C. §§ 1331 and 1338(a).

U.S. Patent & Trademark Office is attached as Exhibit 2.

ethnic groups. https://www.cdc.gov/heartdisease/facts.htm. One person dies every 36 seconds in

each year. Id.

arrhythmia occurs during the diagnostic procedure. Id. at 1:43-49.

22. Unlike continuous arrhythmias, diagnosing intermittent arrhythmias is difficult,

unfeasible. ’941 Patent at 1:26-3:26; ’499 Patent at 1:20-2:4.

ready access to specialized diagnostic equipment in a clinical setting. In the Patents-in-Suit, a

of photoplethysmography (“PPG”), electrocardiography (“ECG”), and movement sensors in order

dangerous arrhythmia conditions.

Apple’s Infringement of U.S. Patent No 10,595,731

preceding paragraphs as though fully set forth herein.

https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Apple has also

and 13 of the ’731 Patent.

presence of an arrhythmia of a user as required by claim 1 of the ’731 Patent. As a way of

According to the Apple website,

electrodes, the ECG sensor operatively coupled to the processing device.

device, the memory having instructions stored thereon.

arrhythmia based on the ECG data.

38. This description is based on publicly available information and a reasonable

Accused Products that it obtains during discovery.

have made but for Apple’s acts of infringement.

35 U.S.C. § 285 as a result of the infringement of the ’731 Patent by Apple.

Apple’s Infringement of U.S. Patent No 10,638,941

preceding paragraphs as though fully set forth herein.

U.S. Patent & Trademark Office is attached as Exhibit 2.

https://support.apple.com/guide/watch/ecg-apdea4c50a57/7.0/watchos/7.0. Apple has also

and 20-22 of the ’941 Patent.

45. As a non-limiting example, the Apple Watch Series 5 is a smartwatch.

46. The Apple Watch Series 5 includes a processor.

https://support.apple.com/en-us/HT204666 (highlighting added).

wherein the ECG sensor is coupled to the processor.

and the heart rate parameter of the user.

arrhythmia being present.

See also, e.g., Ex. 5.

See also, e.g., Ex. 5.

54. This description is based on publicly available information and a reasonable

Accused Products that it obtains during discovery.

have made but for Apple’s acts of infringement.

35 U.S.C. § 285 as a result of the infringement of the ’941 Patent by Apple.

Apple’s Infringement of U.S. Patent No 9,572,499