Apple Gains a Victory in Patent War With AliveCor

Apple has scored a victory the ongoing patent war with AliveCor regarding ECG technology. A U.S. Patent and Trademark Office tribunal issued out a ruling that noted three patents owned by Mountain View, CA-based AliveCor were invalid.

The ruling helps bolster the Cupertino, CA-based tech company’s defense in a potential import ban on the Apple Watch in a separate but related dispute according to a report from Reuters.

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.

AliveCor initially sued Apple in December of 2020. 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 the International Trade Commission.

AliveCor said in a release, dated April 20, 2021, that filing in the ITC "is one step, among others, that it is taking to obtain relief for Apple's intentional copying of AliveCor's patented technology—including the ability to take an ECG reading on the Apple Watch, and to perform heartrate analysis—as well as Apple's efforts to eliminate AliveCor as competition in the heartrate analysis market for the Apple Watch."

In June, an administrative judge from the ITC ruled an initial that Apple infringed on AliveCor’s ECG technology.

Earlier this week, Apple sued AliveCor in San Francisco federal court, according to a report from Reuters.

However, all eyes are now on a final ruling set to come from the ITC sometime next week.

In an email to MD+DI, an AliveCor spokesperson pointed out, "The PTAB and ITC are two, separate independent bodies and will make their own separate independent decisions. "

"AliveCor is deeply disappointed and strongly disagrees with the decision by the PTAB and will appeal. We look forward to the separate Final Determination from the ITC expected December 12 and are cautiously optimistic based on the Initial Determination for AliveCor in June of this year.  We will continue to vigorously protect our patents for the sake of our customers. The PTAB decision does not impact AliveCor's ongoing business. We will continue to design and distribute our best-in-class portable ECG products and services to our customers."