Apple Watch Won't Face Import Ban as Apple Wins AliveCor ITC Battle

Apple today scored another victory in the ongoing lawsuit that AliveCor levied against it in 2021, with the federal appeals court confirming the invalidation of three patents that AliveCor claimed Apple violated with the Apple Watch. As a result, the court has vacated an ITC ruling that could have led to an Apple Watch import ban.

Kardia Band apple watch
In a statement to MacRumors, Apple thanked the court for its work and said that it will continue to develop new Apple Watch health features.

We thank the Federal Circuit for its careful consideration in this case. Apple's teams have worked tirelessly over many years to develop industry-leading health, wellness and safety features that meaningfully impact users' lives, and we intend to stay on this path."

After AliveCor sued Apple, the United States Patent and Trademark Office (USPTO) initially found that Apple had violated three AliveCor patents related to heart rate monitoring and ECG technology. Apple then asked the USPTO's Patent Trial and Appeal Board (PTAB) to review the patents, and the board found that several claims were not patentable, ultimately invalidating the patents and weakening AliveCor's case against Apple.

The International Trade Commission (ITC) still went on to recommend a limited exclusion order and a cease-and-desist for the Apple Watch, which Apple appealed given that the patents involved in the case were invalidated. The order was suspended while appeals on both sides played out, with Apple seeking an appeal of the ITC ruling and AliveCor appealing the PTAB ruling invalidating the patents.

The federal appeals court upheld the ruling invalidating the patents, and vacated the ITC's decision as a result, so there will be no Apple Watch import ban in the AliveCor case. In a statement to MacRumors, AliveCor said it was disappointed with the decision.

We are deeply disappointed by the Court’s decisions this morning and that the Court did not review the available secondary considerations, which the ITC found to be persuasive in their finding of validity. Today's ruling does not affect our business or ability to continue innovating for our growing base of millions of customers.

These cases go beyond AliveCor; these cases represent every small company and every future innovation that is at risk of being suppressed by a Goliath. Our fight against Apple is necessary to preserve innovation, fair competition, and the ability to ensure that inventors - both today and of the future - have the IP protection needed to build and scale new technologies.

We will continue to explore all available legal options, including potential appeals, to defend our position that our patents are valid and that Apple infringed our intellectual property rights. As we move forward, our focus remains on transforming the industry with clinically validated, AI-powered solutions that help democratize access to cardiac care.

Last year, AliveCor's antitrust lawsuit against Apple was also dismissed, a decision that AliveCor is appealing.

Apple has not been as successful in a different legal battle against blood oxygen company Masimo, and Apple Watch models in the United States are still subject to an import ban. Apple has disabled blood oxygen sensing technology in Apple Watch models sold in the U.S., and has not yet been able to reinstate it.

Tags: AliveCor, ITC

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Top Rated Comments

GMShadow Avatar
24 weeks ago

well, Apple was trying to invalidate the patents in question, Apple could be in negotiations with Masimo, Apple could be designing an alternative method for SpO2 ...
Masimo's CEO was recently forced out in a proxy battle, but it's very probable the well has been so poisoned Apple still wants the courts to invalidate all the patents rather than pay a dime.
Score: 5 Votes (Like | Disagree)
dannyyankou Avatar
24 weeks ago

Can't believe the stock photo they used is not an Ultra. Ew. Also wouldn't hurt to use someone with big veiny arms.
The stock photo is from AliveCor. It’s their ECG band.
Score: 5 Votes (Like | Disagree)
jz0309 Avatar
24 weeks ago
Good to know re Alivecor!


Apple has not been as successful in a different legal battle against blood oxygen company Masimo, and Apple Watch models in the United States are still subject to an import ban. Apple has disabled blood oxygen sensing ('https://www.macrumors.com/2024/01/18/apple-website-apple-watch-blood-oxygen-removal/') technology in Apple Watch models sold in the U.S., and has not yet been able ('https://www.macrumors.com/2024/11/05/masimo-apple-california-trade-secret-trial/') to reinstate it.
Is there any more of an update?
Score: 5 Votes (Like | Disagree)
russell_314 Avatar
24 weeks ago
What needs to happen is these patent trolls need to be held financially accountable. When people start having their property auctioned off to pay for damages this will stop
Score: 4 Votes (Like | Disagree)
svish Avatar
24 weeks ago
Good win for Apple. Hopefully that should remove some troubles from its path. Waiting to see blood oxygen measurement reinstated in the models sold within US.
Score: 3 Votes (Like | Disagree)
dannyyankou Avatar
24 weeks ago

Good to know re Alivecor!


Is there any more of an update?
We have to wait until the patent expires in August 2028.
Score: 3 Votes (Like | Disagree)