War of the Wearables: ITC Investigates AliveCor’s Claim Against Apple

AliveCor’s spat with Apple regarding three ECG patents is seemingly picking up steam. The U.S. International Trade Commission (ITC) said in a release it has voted to institute an investigation of a claim made in April that was filed by Mountain View, CA-based AliveCor regarding the Cupertino-based tech giant’s Apple Watch.

AliveCor said in its claim that it wants to block the importation of all the Apple Watches in U.S. – and said the tech giant is infringing on three counts of ECG patents.

By instituting this investigation (337-TA-1266), the ITC said has not yet made any decision on the merits of the case.  The ITC’s Chief Administrative Law Judge will assign the case to one of the ITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing.  The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

ITC said it 45 days after institution of the investigation, it will set a target date for completing the investigation.  

AliveCor has developed the KardiaMobile device that can provide instant detection of Atrial Fibrillation, Bradycardia, Tachycardia, Sinus Rhythm with Supraventricular Ectopy, Sinus Rhythm with Premature Ventricular Contractions, Sinus Rhythm with Wide QRS and Normal Heart Rhythm. The technology is FDA-cleared.

Apple won FDA clearance for its ECG app in September of 2018. In December 2020, AliveCor filed a federal lawsuit alleging Apple infringement of the same patents.