In the United States, a legal battle is ongoing between Apple and AliveCor, a California-based company specializing in the manufacture of medical devices.
AliveCor says the Apple Watch’s electrocardiogram (ECG) technology infringes three of its patents. Last June, an International Trade Commission (ITC) judge ruled that the Apple Watch’s ECG violated AliveCor’s patented technology and ordered the suspension of sales of Cupertino’s smartwatches in the United States.
AliveCor, FDA-cleared personal electrocardiogram (ECG) technology, Tuesday announced that the Final Determination ruling issued by the U.S. International Trade Commission (ITC), which imposed a Limited Exclusion Order (LEO) and a cease and desist order on Apple Watches infringing on AliveCor patents, has cleared Presidential review. This is the Commission’s first LEO against Apple to clear a Presidential review and sends a strong signal to innovative companies that their IP is protected within the legal framework.
The ITC’s ruling in December affirmed that Apple infringed AliveCor’s groundbreaking intellectual property. The LEO will go into effect upon favorable resolution of appeals in the case, including AliveCor’s appeal of the U.S. Patent Trial and Appeal Board’s decision.
“We applaud President Biden for upholding the ITC’s ruling and holding Apple accountable for infringing the patents that underpin our industry-leading ECG technology,” said Priya Abani, CEO of AliveCor. “This decision goes beyond AliveCor and sends a clear message to innovators that the U.S. will protect patents to build and scale new technologies that benefit consumers.”
Beyond the successful patent infringement ruling with the ITC, AliveCor continues to hold Apple accountable for its anticompetitive behavior through its antitrust case in the Northern District of California, which is expected to go to trial in early 2024, the AliveCor said.
US President Joe Biden preferred not to object and agreed with AliveCor. However, the ban is currently on hold because the Patent and Appeals Board of the United States Patent and Trademark Office invalidated AliveCor’s three patents in December.
The California startup has decided to appeal while Apple challenges the ITC’s ruling. A federal appeals court will ultimately decide whether the Apple Watch falls under the import ban.
The process is expected to last until mid-2024, The Hill reported, since the general timeframe for PTAB calls is between 12 and 18 months, according to AliveCor. This means Apple Watch models will be exempt from the import ban for a while, and Apple may be exploring various options to circumvent the ban altogether. AliveCor said it was open to a deal in which Apple would pay the startup to license its heart-monitoring technology. This would prevent an Apple Watch import ban, but AliveCor said Apple has shown no interest.
(With inputs from agencies)
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