Apple avoids a second ban on the Apple Watch.
At least you don't have to worry about the disappearance of the EKG sensors.
AliveCor has faced a new setback in its protracted legal battle with Apple over medical device patents. Recently, the U.S. Court of Appeals for the Federal Circuit affirmed that AliveCor's EKG patents are not patentable. This decision prevents the Apple Watch from facing a second import ban imposed by the International Trade Commission (ITC).
The dispute between AliveCor and Apple began in 2021, when AliveCor alleged that the Cupertino company had infringed its patents related to electrocardiograms (EKG). Initially, the ITC ruled in favor of AliveCor, recommending an import ban that would have halted the sale of Apple Watches with EKG functionality in the country. However, this measure was not implemented immediately, as the Patent Trial and Appeal Board declared that the three patents in question were invalid. For the import ban to be effective, AliveCor needed to win its appeal, which did not occur.
AliveCor's chief commercial officer, Sanjay Voleti, expressed disappointment with the court's decision, noting that secondary considerations that the ITC had found persuasive for validating the patents were not taken into account. Voleti indicated that AliveCor will continue to explore all available legal options, including potential appeals, to defend the validity of its patents and the alleged infringement of its intellectual property rights by Apple.
Meanwhile, an Apple spokesperson, Fred Sainz, thanked the Federal Court for its careful consideration in this case and emphasized Apple's ongoing effort to develop industry-leading health, wellness, and safety features that significantly impact users' lives.
AliveCor employed a legal strategy similar to that of Masimo, another medical device manufacturer that successfully obtained an ITC import ban against the Apple Watch. The difference lies in that Masimo's patents were related to blood oxygen sensors, and to circumvent the import ban, Apple is now disabling the oxygen sensor in the Apple Watches recently sold in the United States.
