New Patent Lawsuit Could See Apple Watches Banned in the United States & More News Here

A decide from the International Trade Commission has dominated that the Apple Watch presumably infringes on ECG expertise patents owned by well being expertise firm AliveCor. If upheld, the determination may ban the Apple watch from being bought in the United States.

AliveCor is probably finest identified for KardiaBand, an Apple Watch accent able to taking electrocardiogram (ECG) readings earlier than the Apple Watch Series 4 got here alongside and allegedly “Sherlocked” the thought.

Since the pre-Series 4 Apple Watch fashions didn’t help any ECG options, AliveCor stepped in with a Bluetooth-connected strap designed to speak with its watchOS app to gather single-lead ECG readings and even monitor for irregular coronary heart rhythms and atrial fibrillation.

AliveCor claims that its KardiaBand expertise propelled the Apple Watch from merely being “a high-tech fashion accessory” right into a life-saving well being system.

However, when the Apple Watch Series 4 got here alongside, the built-in ECG sensor rendered KardiaBand out of date. Since then, AliveCor has been pursuing Apple on no less than two fronts: a patent infringement grievance with the International Trade Commission (ITC) and an antitrust lawsuit accusing Apple of copying AliveCor’s concepts and sabotaging its apps and companies.

Last month, a U.S. Federal Judge dominated that Apple should face AliveCor’s antitrust claims. An administrative legislation decide from the ITC has now made an much more critical determination relating to the firm’s patented ECG applied sciences.

High Stakes for the Apple Watch

Unlike the antitrust lawsuit, the place AliveCor could have the harder job of proving that Apple has an unlawful monopoly for coronary heart price monitoring apps, the patent infringement claims are seemingly extra black-and-white — and a preliminary determination has already been made.

Last month, U.S. District Judge Jeffrey White dominated solely that the antitrust lawsuit may proceed. This implies that Apple was unsuccessful in getting it thrown out; AliveCor will nonetheless should show its claims in courtroom. Judge White additionally dismissed AliveCor’s grievance that Apple held an unlawful monopoly over ECG-capable smartwatches, declaring that AliveCor had no authorized grounds to make this declare because it “does not compete” in that market.

However, whereas this lawsuit should take years to work its approach by means of the courts, ITC decide Cameron Elliot has already made an preliminary willpower that AliveCor has “proven infringement” of no less than two U.S. patents.

It’s not a slam dunk for AliveCor, as Judge Elliot’s Notice of Initial Determination additionally notes that it did not show infringement of no less than one patent. At the identical time, Apple was additionally profitable in establishing some claims in opposition to the two infringed patents had been invalid.

Still, the determination is sufficient for the grievance to proceed to a full listening to, the place a Final Determination can be made. According to a press launch from AliveCor, it will happen on October 26, 2022.

If the full International Trade Commission upholds Judge Elliot’s preliminary willpower, it may consequence in an order barring any infringing Apple Watch from being imported into the United States. Only the Apple Watch SE would probably be exempt from such a ban because it doesn’t embody any ECG options.

In a press launch, AliveCor’s CEO Priya Abani praised the ITC’s preliminary determination, saying, “Today’s ruling is a strong validation of our IP and underscores that patents matter and even an influential company like Apple cannot simply violate them to stifle innovation. Since the start, our focus has been on our customers and providing them with strong choices to help monitor their cardiac health, including KardiaBand, the first-ever FDA-cleared ECG device accessory for Apple Watch.”

The patents deemed to have been infringed are U.S. Patent 10,595,731, Methods and methods for arrhythmia monitoring and scoring and U.S. Patent 10,683,941 — though we’re guessing it is a typo in Judge Elliot’s ruling, as that refers to a completely unrelated patent. The ruling most definitely refers to U.S. Patent 10,638,941, AliveCor’s patent for Discordance monitoring. This patent quantity is mirrored in the ultimate abstract paragraph.

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