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The Biden administration has declined to overrule a US International Trade Commission (ITC) decision that could block imports of Apple Watches over infringement of AliveCor’s patents on heart monitoring technology.
AliveCor, which holds patents for electrocardiogram (ECG) technology in smartwatches with pulse oximeters like those used in some Apple Watch models, prevailed in December when the full ITC heard the case.
The ITC ruled that Apple Watches with technology infringing the patents should be subject to an import ban. When the full ITC issues a decision, it enters a 60-day presidential review period in which the administration can decide to block it, and that period has passed with no action.
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An Apple Watch Series 8 available for sale at the company’s Fifth Avenue store on Friday, September 16, 2022 in New York, United States. The latest iPhone hits stores on Friday, and Apple Inc. is counting on well-heeled buyers to make the device a hit in a rushing year… (Getty Images)
The potential import ban remains in place as the legal battle between Apple and AliveCor continues. Prior to the ITC’s decision in December, the Patent and Trade Office (PTO) held AliveCor’s patents invalid, which the company has announced will appeal.
Apple said Tuesday it plans to appeal the ITC’s import ban, arguing it would have negative public health implications.
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The Apple Watch Series 8 goes on sale on Friday, September 16, 2022 at the company’s Fifth Avenue store in New York, United States. (Photographer: Jeenah Moon/Bloomberg via Getty Images/Getty Images)
AliveCor accused Apple of infringing on three of its patents for the KardiaBand, an Apple Watch accessory that monitors heart rate, detects irregularities and performs an EKG to identify heart problems like atrial fibrillation. AliveCor told the ITC that Apple copied and phased out its technology by making Apple’s operating system incompatible with the KardiaBand.
The Apple Watch Series 4, 5, 6, 7, and 8 all feature ECG technology, and the latest model from the tech giant was released last year.
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An Apple Store employee displays the Series 5 Apple Watch during the preview of the redesigned and redesigned Apple Store on Fifth Avenue in New York, the United States, September 19, 2019. (Portal/Brendan McDermid/Portal photos)
“We applaud President Biden for upholding the ITC’s ruling and holding Apple responsible for infringing on the patents underlying our industry-leading ECG technology,” AliveCor CEO Priya Abani said in a statement. “This decision goes beyond AliveCor and sends a clear message to innovators that the US will protect patents to develop and scale new technologies that benefit consumers.”
AliveCor and Apple are also facing a federal court dispute in which AliveCor alleges that Apple monopolized the US market for Apple Watch heart rate apps and filed a related patent infringement lawsuit, which is being fought in federal court in Texas.
Apple has filed a counterclaim against AliveCor in federal court in San Francisco for alleged infringement of its patents.
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An ITC administrative judge recently ruled that Apple infringed on a patent held by Masimo covering the company’s use of light sensors to measure blood oxygen levels in smartwatches with a pulse oximeter, specifically the Apple Watch Series 6.
The judge’s ruling recommended an import ban, although the case will be heard before the full ITC and will be subject to appeals and possible stays during patent challenges.
| ticker | Security | Last | Change | Change % |
|---|---|---|---|---|
| AAPL | APPLE INC. | 148.49 | -4.06 | -2.66% |
Portal contributed to this report.