ITC guidelines that Apple Watch infringed AliveCor’s ECG patent


Apple has been preventing a patent battle with healthtech firm AliveCor since final yr, because the Cupertino-based firm is being accused of infringing patents associated to the Apple Watch’s ECG function. On Thursday, the Worldwide Commerce Fee (ITC) dominated that Apple infringed on AliveCor’s patents, which may threaten Apple Watch gross sales within the US.

Apple Watch may very well be banned within the US as a result of patent infringement

The choice resulted in a Restricted Exclusion Order and likewise a stop and desist order that may ban Apple from importing patent infringing Apple Watch fashions into the US. This could end in a big impact on Apple Watch gross sales, as the corporate would not be capable to promote Apple Watch Collection 8 or Apple Watch Extremely within the US, since each fashions function an ECG sensor.

In a press release shared with 9to5Mac, AliveCor says that the ITC determination is a victory not just for the corporate, but additionally for “different small progressive firms” and likewise for customers.

This ruling has resulted in a Restricted Exclusion Order and stop and desist orderbarring Apple from importing infringing Apple Watches into the U.S., doubtlessly impacting gross sales of thousands and thousands of units. Though the ITC has suspended enforcement of the LEO till all appeals have been exhausted, right this moment’s information is a victory for AliveCor, for different small innovator firms, and for customers who should have decisions for methods to handle their cardiac well being.

The ITC’s preliminary dedication introduced in June of this yr already advised that Apple can be penalized for infringing AliveCor’s patents. Nonetheless, the U.S. Patent and Trademark Workplace’s Patent Trial and Attraction Board (PTAB), mentioned earlier this month that AliveCor’s applied sciences are “unpatentable,” which implies that they’re too apparent or too common to be patentable.

Backstory in dispute between Apple and AliveCor

Again in 2015, proper after Apple Watch was launched, AliveCor created a particular Apple Watch band with ECG sensors to showcase the potentials of this know-how. The corporate even shared the know-how with Apple hoping to safe a partnership settlement.

Nonetheless, that partnership by no means occurred, and in 2018 Apple launched Apple Watch Collection 4 with its personal ECG sensor constructed into the watch. Then, in 2021, AliveCor claimed that Apple stole its patents, and despatched a request to the ITC to ban Apple Watch gross sales within the US. Apple requested the PTAB to declare AliveCor’s patents invalid.

Individually, AliveCor this yr filed an antitrust lawsuit, claiming that Apple was blocking competitor apps by limiting third-party app entry to the heart-rate monitor.

It’s now as much as none aside from President Joe Biden to determine whether or not or not Apple has infringed AliveCor’s patents. Biden has 60 days to evaluation the dedication.

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