Apple’s patent battle with well being tech firm AliveCor isn’t going wherever anytime quickly. The 2 firms have been battling it out for years, and the pendulum has swung backwards and forwards a number of occasions. Most lately, in December, the US Worldwide Commerce Fee handed AliveCor a serious victory, agreeing that Apple had infringed its patented expertise.
The ITC’s ruling has now been upheld by President Biden, following the required 60-day evaluate. This units the stage for a possible import ban of the Apple Watch in the USA…
The background on this patent case begins in 2015 when AliveCor demonstrated how its patented expertise could possibly be used to enable an Apple Watch wristband to take ECG readings. AliveCor and Apple reportedly held discussions with Apple a couple of potential partnership, however nothing materialized from these talks.
However quick ahead to 2018, when Apple introduced the Apple Watch Sequence 4 with help for taking an ECG studying with no added {hardware}. In 2021, AliveCor launched its case in opposition to Apple, accusing the corporate of stealing its ECG expertise and infringing upon three of its patents.
On December 23, the ITC formally dominated that Apple infringed on AliveCor’s patents with the Apple Watch’s ECG options. This delivered a serious blow to Apple, nevertheless it had yet one more probability at turning across the case – a evaluate by President Biden.
Immediately’s determination from President Biden
Following the ruling from the ITC in December, the case was handed on to President Joe Biden. Underneath ITC tips, Biden had 60 days to make a remaining evaluate to make sure the ruling adopted all essential tips. The choice was formally introduced in the present day, with Biden declining to veto the ITC’s ruling and handing AliveCor a victory.
Priya Abani, CEO of AliveCor, touted the victory in an announcement in the present day:
We applaud President Biden for upholding the ITC’s ruling and holding Apple accountable for infringing the patents that underpin our industry-leading ECG expertise. This determination goes past AliveCor and sends a transparent message to innovators that the U.S. will shield patents to construct and scale new applied sciences that profit shoppers.
Generally, it’s uncommon for a president to veto an ITC ruling, however President Obama did so in 2013 as a possible import ban on the iPhone and iPad loomed as a part of the patent battle between Samsung and Apple.
Will the Apple Watch face an import banned?
This brings Apple dangerously near having imports of the Apple Watch banned. In its ruling in December, the ITC mentioned that imports of Apple Watch needs to be blocked due to this patent infringement.
The potential Apple Watch import ban, nonetheless, was placed on maintain. In December, the US Patent and Trademark Workplace’s Patent Trial and Enchantment Board declared that each one three of AliveCor’s patents are invalid. AliveCor is interesting this ruling, and the ITC’s import ban is on maintain whereas this enchantment performs out.
So to recap, right here’s the place we’re in the present day: The ITC’s ruling that Apple infringed upon AliveCor’s patents stands and now has President Biden’s seal of approval. The enchantment course of over the validity of the patents, nonetheless, continues and is transferring by way of federal court docket. Whether or not or not the ITC implements an import ban on the Apple Watch hinges upon the results of the appeals course of.
If AliveCor is victorious in its enchantment with the US Patent and Trademark Workplace, the total “Restricted Exclusion Order” on Apple Watches would go into impact.
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