AliveCor's Big Win in Apple Patent Dispute

The ITC has ruled that Apple infringed on patents related to AliveCor’s ECG App.

Omar Ford

December 29, 2022

2 Min Read
Image courtesy of Nicola K photos / Alamy Stock Photo

There’s a new twist in the ongoing patent battle regarding ECG technology between Apple and AliveCor. Late last week, the International Trade Commission (ITC) ruled that Apple infringed on Mountain View, CA-based AliveCor’s patents.

The ITC issued a Limited Exclusion Order (LEO), a cease-and-desist order, and set a bond in the amount of $2 per unit of infringing Apple Watches imported or sold during the Presidential review period, potentially impacting sales of millions of infringing Apple Watches.

The ITC has suspended enforcement of its orders pending resolution of AliveCor's appeal of the U.S. Patent and Trademark Office, Patent Trial and Appeal Board's ("PTAB") decision finding the asserted patents unpatentable. Today's ruling marks a victory for AliveCor and affirms the Initial Determination issued in June by Administrative Law Judge (ALJ) Cameron Elliot of the ITC. The Final Determination will now undergo a 60-day review by President Biden.

In addition to fighting Apple on patent infringement in the ITC, AliveCor continues to seek relief in the Northern District of California from Apple's anticompetitive behavior. That case is expected to go to trial in early 2024.

"[The] ITC ruling is a win for innovation and consumer choice," said Priya Abani, CEO of AliveCor, in a release. "The ruling underscores the importance of upholding intellectual property rights for companies like AliveCor and scores of others whose innovations are at risk of being suppressed by a Goliath like Apple. We look forward to continuing to build and innovate on our cardiac solutions to improve people's lives."

The ITC’s decision comes on the heels of a U.S. Patent and Trademark Office tribunal issuing out a ruling that noted three patents owned by AliveCor were invalid – thus giving Apple a victory in the dispute.

AliveCor initially sued Apple two years ago. Then in April of 2021, AliveCor said it wanted to block the importation of all of the Apple Watches in the U.S. and filed a patent infringement complaint with ITC.

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.

About the Author(s)

Omar Ford

Omar Ford is MD+DI's Editor-in-Chief. You can reach him at [email protected].


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