Apple Scores Win in AliveCor Legal Battle With USPTO Invalidating Several 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. The patents all related to heart rate monitoring technology used in AliveCor products.

kardiamobile alivecor
AliveCor in April 2021 filed a complaint with the ITC alleging that Apple had infringed on several of its patents with the Apple Watch, and an ITC judge ultimately ruled in AliveCor's favor in June. The ITC at the time issued an initial determination that Apple infringed on AliveCor patent technology, which Apple is now appealing. If a final ruling determines Apple infringed on the patents, the ITC could issue an import ban on the Apple Watch.

Apple asked for a review of the claims in three of the patents that AliveCor was using against it, and the USPTO's Appeals Board found that multiple claims in U.S. Patent No. 10,638,941, U.S. Patent No. 10,595,731, and U.S. Patent No. 9,572,499 are "held to be unpatenable."

In a statement to MacRumors Apple said that the decision confirms that the patents AliveCor used against Apple for its ITC injunction are invalid.

We appreciate the Patent Trial and Appeal Board's careful consideration of these patents, which were found to be invalid. Apple's teams work tirelessly to create products and services that empower users, including the industry-leading health, wellness and safety features we independently developed and incorporated into Apple Watch. Today's decision confirms that the patents AliveCor asserted in the ITC against Apple are invalid.

When a patent is invalidated, it means there can be no infringement of the patent, which will factor in to the final ITC decision. The ITC will decide later in December whether there should be an import ban.

AliveCor and Apple are embroiled in several legal battles, as AliveCor has also filed an antitrust lawsuit against Apple and Apple has sued AliveCor for patent infringement.

Update: In a statement, AliveCor said that it is deeply disappointed in the decision and plans to appeal.

AliveCor is deeply disappointed and strongly disagrees with the decision by the PTAB and will appeal. The PTAB and ITC are two, separate independent bodies and will make their own separate independent decisions. 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.

Popular Stories

iOS 18 Siri Integrated Feature

Report: These 10 New AI Features Are Coming in iOS 18

Sunday May 26, 2024 12:57 pm PDT by
iOS 18 and macOS 15 will offer an array of new AI features such as auto-generated emojis, suggested replies to emails and messages, and more, Bloomberg's Mark Gurman reports. A significant portion of Apple's Worldwide Developers Conference (WWDC) is expected to focus on AI features. Writing his latest "Power On" newsletter, Gurman explained that Apple's AI strategy emphasizes providing...
new best buy blue

Best Buy's Memorial Day Sale Has Record Low Prices on iPads, MacBooks, and Much More

Friday May 24, 2024 7:12 am PDT by
Best Buy today kicked off its Memorial Day weekend sale, and it has some of the best prices we've tracked in weeks on iPads and MacBooks. Specifically, you'll find record low prices on the 5th generation iPad Air, iPad mini 6, M2 MacBook Air, and M3 MacBook Pro. Note: MacRumors is an affiliate partner with Best Buy. When you click a link and make a purchase, we may receive a small payment,...
iOS 18 WWDC 24 Feature 2

Gurman: iOS 18 Will Allow Users to Recolor App Icons and Place Them Anywhere

Sunday May 26, 2024 12:22 pm PDT by
Apple's iOS 18 update will introduce new features for further customizing the iPhone's home screen, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman claimed that Apple will allow users to change the color of app icons in iOS 18. For example, "you can make all your social icons blue or finance-related ones green." This kind of home screen...
Apple iPhone 14 color lineup feature

Apple Now Selling Refurbished iPhone 14 Models

Friday May 24, 2024 11:15 am PDT by
Apple today added refurbished iPhone 14, iPhone 14 Plus, iPhone 14 Pro, and iPhone 14 Pro Max devices to its online store for refurbished products, offering the prior-generation iPhones at a discount for the first time since their 2022 launch. The iPhone 14 is available starting at $619, the iPhone 14 Pro is available starting at $759, and the iPhone 14 Pro Max is available starting at $849. ...
top stories 25may2024

Top Stories: iOS 17.5.1 Fixes Concerning Photos Bug, All-New iPhone 17 Model Rumored, and More

Saturday May 25, 2024 6:00 am PDT by
It's been quite a week of Apple news and rumors, ranging from a concerning bug with deleted photos reappearing on users' devices to hot rumors about a new high-end iPhone model for 2025 and a MacBook with a foldable screen coming as soon as 2026. Other news and rumors this week included fresh expectations for iOS 18 features and new headphones from Sonos to compete head-to-head with AirPods...

Top Rated Comments

BootsWalking Avatar
19 months ago

Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
Where did this rush-to-market narrative come from? AliveCor has been developing handheld ECG products since 1990.
Score: 15 Votes (Like | Disagree)
OhMyMy Avatar
19 months ago
At least AliveCor isn’t a patent troll.
If only the USPTO could come up with a solution to that problem.
Score: 10 Votes (Like | Disagree)
BootsWalking Avatar
19 months ago
The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
Score: 10 Votes (Like | Disagree)
erikkfi Avatar
19 months ago
There’s something really unlikable about the way Apple’s corporate statements are phrased.
Score: 9 Votes (Like | Disagree)
genovelle Avatar
19 months ago

The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
these technologies are not something that happens in a vacuum. Apple pointed to related patent they filed for in 2012. Just because they demonstrated something to Apple likely hoping to be acquired, doesn’t mean Apple didn’t already have a better solution
Score: 7 Votes (Like | Disagree)
steve09090 Avatar
19 months ago
Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
Score: 5 Votes (Like | Disagree)