The International Trade Commission has confirmed its earlier ruling that Apple infringed on AliveCor’s heart rate monitoring patents, though what comes next is uncertain, reports AppleInsider.
The ITCs Limited Exclusion Order, a type of cease and desist order, would set a $2.00 bond per infringing Apple Watch imported or sold during the Presidential review period.
However, AppleInsider notes that the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor’s Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents.
The United States Patent and Trademark Office’s Patent Trial and Appeal Board today invalidated a trio of AliveCor patents that AliveCor used in a complaint with the International Trade Commission, which is a win for Apple earlier this month.
AliveCor claims the Cupertino, California-based company infringed on patents regarding its ECG “KardiaBand” (pictured) designed for the Apple Watch, among other ECG-focused products.
Following its December 2020 filing of a lawsuit against Apple over patent infringement, mobile ECG firm AliveCor also took its case to the ITC in April 2021. In June the ITC judge backed AliveCor, and has recommended that the ITC undertake a review of the case.
The lawsuit, lodged in the U.S. District Court for the Western District of Texas in 2020, claims that the ECG functionality on the Apple Watch Series 4 and later infringes on its intellectual property related to use wearable sensors to improve cardiac monitoring technology. All three patents in the dispute focus on monitoring for cardiac arrhythmias, or an irregular heartbeat. The patented technology includes the use of data from wearable devices to aid in diagnosing the condition.
On Dec. 3, Apple filed a patent infringement lawsuit against AliveCor, a company that has developed the ECG “KardiaBand” designed for the Apple Watch, among other ECG-focused products.
AliveCor is a medical device and artificial intelligence company that sells ECG hardware and software for consumer mobile devices. Ironically, the company was the first to receive FDA-clearance for a medical-device accessory to the Apple Watch.
In November 2017, AliveCor announced FDA clearance of its US$199 KardiaBand (pictured above) in the U.S. It allows Apple Watch users to capture their EKG anytime, anywhere in order to quickly detect normal sinus heart rhythms and atrial fibrillation (AFib), the most common heart arrhythmia.