Apple Watch Infringes AliveCor’s ECG Patent, ITC Affirms

Since last year, Apple has been engaged in a patent battle with health tech company AliveCor, according to 9to5Mac

The Cupertino-based tech company is being accused by AliveCor of infringing patents in relation to the Apple Watch's ECG feature. 

The patent battle was finally resolved on Thursday as the U.S. International Trade Commission (ITC) affirmed that Apple infringed on AliveCor's patents. In this event, the sales of Apple Watch in the U.S. could be threatened.

Apple Watch
(Photo : Justin Sullivan / Getty Images)

Apple Watch is Facing Import Ban, ITC says

According to ITC, imports of the infringing watches should be banned. However, the commission would not enforce a ban until appeals were completed in a separate dispute case before the U.S. Patent and Trademark Office (USPTO). 

Based on policy concerns, the Biden administration will have a 60-day period to decide whether to veto the import ban, according to Reuters.

For every infringing Apple device that is imported during the presidential review period, ITC set a bond of $2. However, it is suspended while waiting for the USPTO's decision.

In the past, presidents of the U.S. have rarely vetoed import bans. Parties can only appeal a ban to the U.S. Court of Appeals for the Federal Circuit once the review period ends.

In a statement, Apple said that it "firmly" disagreed with the ITC decision. However, the tech company was pleased that the import ban was paused in the meantime.

Last year, AliveCor accused Apple of infringing three patents that are related to its KardiaBand. The patent is related to Apple Watch's feature that monitors a user's heart rate. 

Similarly, the said feature detects irregularities and performs an ECG in order to identify heart problems such as atrial fibrillation.

In 2008, AliveCor stopped selling its device after Apple launched its own smartwatches having ECG features. 

Last year, the health tech company told the ITC that the Cupertino-based tech giant copied its technology which started in the Series 4 Apple Watch. 

AliveCor also accused Apple that it drove the company out of the market by making its operating system incompatible with the KardiaBand.

ECG technology is present in Apple Watch Series 4, 5, 6, 7, and 8. In September, Apple introduced its most recent Apple Watch Series 8.

Read Also: Here are 4 Apple Watch Ultra Features You Can Use in Emergency Situations

AliveCor's Technologies are Unpatentable, PTAB Says

The decision of ITC would have a huge impact on Apple Watch sales because the company would no longer be able to sell Apple Watch Series 8 or Apple Watch Ultra in the US as both models are equipped with an ECG sensor, according to 9to5Mac.

According to AliveCor, the decision of ITC is a victory for the company. Likewise, it is also a victory for "other small innovative companies" and for consumers.

The initial determination of ITC that was announced in June already suggested that Apple would be penalized for infringing AliveCor's patents.

However, earlier this month, the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), said that AliveCor's technologies are "unpatentable." This means that the technologies are too obvious or too general to be patentable.

Related Article: Apple Watch Series 7 Overheats on Owner's Wrist, Eventually Explodes

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