ITC agrees to investigate alleged Apple Watch patent infringement

Posted:
in Apple Watch
The U.S. International Trade Commission has agreed to open an investigation to determine whether the Apple Watch infringes on patents held by health tech company AliveCor.

Credit: Andrew O'Hara, AppleInsider
Credit: Andrew O'Hara, AppleInsider


On Monday, the USITC said it voted to open an inquiry into the alleged patent infringement. The vote follows an official filing by AliveCor back in April.

The USITC said it would announcement a target data for completing the investigation within 45 days.

AliveCor is a company that makes electrocardiogram (ECG) hardware and related services. The company lodged a patent infringement lawsuit against Apple in December 2020, claiming that the Apple Watch infringes on its intellectual property related to using wearable sensors for cardiac monitoring.

The company was the first to debut a consumer ECG device, the KardiaBand, cleared by the Food and Drug Administration. Unlike the Apple Watch, use of the KardiaBand had to be approved by a user's doctor. And, after Apple debuted ECG capabilities on the Apple Watch Series 4, AliveCor pulled the KardiaBand from sale.

Comments

  • Reply 1 of 13
    red oakred oak Posts: 1,089member
    LoL

    The insanity and blatant grabs for cash have become incessant 
    pulseimagesjbtuckrwatto_cobra
  • Reply 2 of 13
    sflocalsflocal Posts: 6,096member
     after Apple debuted ECG capabilities on the Apple Watch Series 4, AliveCor pulled the KardiaBand from sale.
    I'm thankful to know that competition from Apple is making these stodgy, obsolete, and expensive product manufacturers jittery.
    pulseimagesjbtuckrwatto_cobra
  • Reply 3 of 13
    mac_dogmac_dog Posts: 1,069member
    There is no competition if companies continue to take the low road and simply sue. It’s ridiculous. 
    pulseimagesjbtuckrlkruppwatto_cobra
  • Reply 4 of 13
    22july201322july2013 Posts: 3,573member
    The ITC is a quasi-judicial US government agency created by the US congress 100 years ago that advises government and courts on the legality of trade issues, mostly for imports. Its purpose is to give advice. The fact that the ITC has taken this case means that they think there is a question to be answered. It does not mean they have an answer at this point. The answer could be good or bad for either party. Let the process work itself out.

    I remember decades ago when the tobacco companies were being sued. They lost a case for many billions of dollars, and with that decision their stock shot up. I wondered why it went up when the lost. Because all the questions about liability had been answered, and even though the answers weren't in their favour, it meant they still had a right to exist. Losing a court case was a big win for them.

    I'm sure that Tim Cook gets weekly status reports about the various court cases against Apple every week. At Tim's level, he doesn't need to see all the details. At the end of the year he probably wants to know how many billions Apple paid out in court fines. If the number is under $5B, he probably says "Okay, what's next on the agenda?"
    edited May 2021
  • Reply 5 of 13
    rob53rob53 Posts: 3,251member
    Isn't there a model of the FitBit that does ECG? I've also seen other products that do this. Are all of them infringing on the same patents, have they licnesed them, or are there other patents that have been approved to do the same thing?
    watto_cobra
  • Reply 6 of 13
    iOS_Guy80iOS_Guy80 Posts: 814member
    I used the AliveCor before I got the Apple Watch, there is no comparison. The watch is superb.
    Dogpersonqwerty52watto_cobra
  • Reply 7 of 13
    22july201322july2013 Posts: 3,573member
    rob53 said:
    Isn't there a model of the FitBit that does ECG? I've also seen other products that do this. Are all of them infringing on the same patents, have they licnesed them, or are there other patents that have been approved to do the same thing?
    We may never know if company X licenses patent Y from company Z. Neither X nor Z are required to release that information. So Apple can't say "You are letting others use your patent for free," because that's not a defense anyway, and Apple probably wouldn't know.

    Patents have a short lifetime anyway. They were only 17 years in duration until 1995 when they were lengthened to 20 years. Design patents are only 15 years. The duration may differ in other countries. And that includes all the time from when you file it to when you first start selling things with it, which often takes a few years. So the practical lifetime of a patent is only 10 to 15 years. Compare that with copyrights which are (typically) 70 years past the death of the copyright holder (which sometimes adds up to 150 years) and trademarks which are permanent.

    While trademark lifetimes probably should be indefinite, copyrights of 150 years seem to be way too long and patents seem to be way too short. For example, if I write a novel, I really don't expect to be earning royalties for 70 years past my death. I'm not motivated to create things for money that I can earn after my death. Most copyrighted IP is past its prime after 10 to 20 years anyway, while many patents could be useful for 20-100 years. I remember when the Segway was released around 2001. It's patent has probably expired by now, even though the thing could still be useful and profitable to sell for another 50 years.
    edited May 2021 muthuk_vanalingambyronlprofessorsteve
  • Reply 8 of 13
    radarthekatradarthekat Posts: 3,842moderator
    AliveCor complicated their case by voluntarily removing their product from the market.  How will they show harm in any lawsuit against Apple? 
    edited May 2021 watto_cobra
  • Reply 9 of 13
    danoxdanox Posts: 2,869member
    AliveCor complicated their case by voluntarily removing their product from the market.  How will they show harm in any lawsuit against Apple? 
    They won’t have to, unlike Apple they will win, and Disney will have rights to Mickey Mouse forever.
    watto_cobra
  • Reply 10 of 13
    fred1fred1 Posts: 1,112member
    mac_dog said:
    There is no competition if companies continue to take the low road and simply sue. It’s ridiculous. 
    There’s no competition if companies use other companies’ ideas. Why develop better products?
    beowulfschmidt
  • Reply 11 of 13
    lkrupplkrupp Posts: 10,557member
    fred1 said:
    mac_dog said:
    There is no competition if companies continue to take the low road and simply sue. It’s ridiculous. 
    There’s no competition if companies use other companies’ ideas. Why develop better products?
    Well, whether Apple ‘used’ this company’s ideas is at the core of this lawsuit. Funny, though, how Apple is sued as a matter of course whenever it launches a successful product. Are you implying Apple has no ideas of its own and always uses other company’s ideas? Thing is, Apple DOES develop better products.
    edited May 2021 watto_cobra
  • Reply 12 of 13
    lkrupplkrupp Posts: 10,557member
    AliveCor complicated their case by voluntarily removing their product from the market.  How will they show harm in any lawsuit against Apple? 
    It’s Apple and Apple always loses, or settles. Doesn’t really matter if AliveCor was injured or not. 
    watto_cobra
  • Reply 13 of 13
    fred1fred1 Posts: 1,112member
    lkrupp said:
    fred1 said:
    mac_dog said:
    There is no competition if companies continue to take the low road and simply sue. It’s ridiculous. 
    There’s no competition if companies use other companies’ ideas. Why develop better products?
    Well, whether Apple ‘used’ this company’s ideas is at the core of this lawsuit. Funny, though, how Apple is sued as a matter of course whenever it launches a successful product. Are you implying Apple has no ideas of its own and always uses other company’s ideas? Thing is, Apple DOES develop better products.
    Not at all. I’m saying that to state that suing another company for patent infringement eliminates competition is false. If companies infringe and makes money and get away with it, then there’s much less incentive to develop better products. 
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