September 14, 2020 VIA FEDERAL EXPRESS AND ELECTRONIC MAIL Norton Rose Fulbright US LLP 1301 Avenue of the Americas New York, NY 10019-6022 United States Ido Schoenberg, MD Chairman & CEO American Well Corporation 75 State Street, 26th Floor Boston, MA 02109 Michael V. Solomita Partner Direct line +1 212 408 5420 michael.solomita@nortonrosefulbright.com Roy Schoenberg, MD, MPH President & CEO American Well Corporation 75 State Street, 26th Floor Boston, MA 02109 Re: Tel +1 212 408 5100 Fax +1 212 541 5369 nortonrosefulbright.com Amwell’s Infringement of Teladoc’s Patents Dear Dr. Ido Schoenberg and Dr. Roy Schoenberg: We are intellectual property counsel for Teladoc Health, Inc. (“Teladoc”). As you know, Teladoc has acquired InTouch Technologies, Inc. (“InTouch”), an innovative leader in technologies and services for virtual health care. As you also know, InTouch has developed an extensive patent portfolio covering various aspects of telemedicine, such as the use of robots and telemedicine carts to deliver health care. As part of the InTouch acquisition, Teladoc now owns this patent portfolio. Based on our review of Amwell’s products, we believe that the sale, offer for sale, import, making, and/or use of certain Amwell products directly and indirectly infringe a number of Teladoc’s patents. For example, we believe, based on our analysis to date, that one or more of Amwell’s C760, C750, C250, and C210 telemedicine carts and peripheral devices for use with these carts, such as the Horus HD Digital Scope System and the Thinklabs One Digital Stethoscope, (collectively, “Accused Products”) infringe the following Teladoc patents and claims: 1. U.S. Patent No. 7,761,185 (claims 1, 3-4, 6, 7, 10, 11, and 13); 2. U.S. Patent No. 10,471,588 (claims 1-7); 3. U.S. Patent No. 8,179,418 (claims 1, 2, 4, 5, 8, 9-12, and 15-17); 4. U.S. Patent No. 8,849,680 (claims 1, 2, 4, 5, 12-14, and 21-23); 5. U.S. Patent No. 8,780,165 (claims 1-4); 6. U.S. Patent No. 9,602,765 (claims 1-4); 7. U.S. Patent No. 8,670,017 (claims 1-2, 10, 16, 25, 26, and 29); Norton Rose Fulbright and Chadbourne & Parke – A Powerful Combination Norton Rose Fulbright US LLP is a limited liability partnership registered under the laws of Texas. Norton Rose Fulbright US LLP, Norton Rose Fulbright LLP, Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP and Norton Rose Fulbright South Africa Inc are separate legal entities and all of them are members of Norton Rose Fulbright Verein, a Swiss verein. Norton Rose Fulbright Verein helps coordinate the activities of the members but does not itself provide legal services to clients. Details of each entity, with certain regulatory information, are available at nortonrosefulbright.com. Dr. Ido Schoenberg and Dr. Roy Schoenberg September 14, 2020 Page 2 8. U.S. Patent No. 10,483,007 (claims 1, 13-16, and 20); and 9. U.S. Patent No. 10,059,000 (claims 1-6, 9, and 15-19). Accordingly, we demand that Amwell immediately cease selling, offering to sell, making, using, and importing into the US the Accused Products. Please confirm by September 18, 2020 that Amwell has complied with this request, otherwise Teladoc will move forward with enforcement of its patents against Amwell. We look forward to hearing from you or your counsel as soon as possible. Sincerely, /s/ Michael V. Solomita Michael V. Solomita Cc: Bradford Gay, Senior Vice President & General Counsel, American Well Corporation Michael Kaplan, Partner, Davis Polk & Wardwell LLP Marcel Fausten, Partner, Davis Polk & Wardwell LLP