ITC finds Apple guilty of heart rate monitoring patent infringement

Posted:
in Apple Watch edited December 2022
The International Trade Commission has confirmed its earlier ruling that Apple infringed on AliveCor's heart rate monitoring patents -- and what comes next is uncertain.




The ruling will undergo a 60-day review by President Biden. The president will have until February 12 to review the Final Determination.

The ITCs Limited Exclusion Order, a type of cease and desist order, would set a $2.00 bond per infringing Apple Watch imported or sold during the Presidential review period.

However, the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor's Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents in early December.

It's not at all certain that the president will agree with the order. In 2013, then-President Obama refused a patent ruling favoring Samsung in the days leading up to the Apple versus Samsung smartphone trial.

AliveCor is also seeking damages against Apple in another case in the Northern District of California, set to go on trial in early 2024.

"Today's ITC ruling is a win for innovation and consumer choice," said Priya Abani, CEO of AliveCor. "The ruling underscores the importance of upholding intellectual property rights for companies like AliveCor and scores of others whose innovations are at risk of being suppressed by a Goliath like Apple."

"At Apple, our teams work tirelessly to create the best products and services in the world, with technology that empowers users with industry-leading health, wellness and safety features," Apple said in a statement to AppleInsider and other venues. "While we firmly disagree with the ITC's decision today, we are pleased that the exclusion order has been put on pause, consistent with past precedent. The patents on which AliveCor's case rest have been found invalid, and for that reason, we should ultimately prevail in this matter."

The two companies have long battled over ECG technologies, which are used in both the Apple Watch and KardiaBand. Each have alleged patent infringement against the other.

In May 2021, AlivCor filed an antitrust suit against Apple, alleging that the company had engaged in anticompetitive behavior by shutting down a previously approved AliveCor app.

On December 2, Apple filed another patent infringement lawsuit against AliveCor, arguing that the company infringed upon four of Apple's patents.

Update 9:45 AM ET, December 23, 2022: Updated with Apple's statement on the ruling.

Read on AppleInsider

Comments

  • Reply 1 of 9
    sflocalsflocal Posts: 6,020member
    However, the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor's Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents in early December.



    Read on AppleInsider
    Wait what?  The ITC finds Apple guilty of patent infringement... for patents that were invalidated a few weeks ago?  Is the right hand not taking to the left hand?
    badmonklolliverkillroywatto_cobraJaiOh81
  • Reply 2 of 9
    sflocal said:
    However, the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor's Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents in early December.



    Read on AppleInsider
    Wait what?  The ITC finds Apple guilty of patent infringement... for patents that were invalidated a few weeks ago?  Is the right hand not taking to the left hand?
    ITC is the international group saying Apple infringes upon the patents. The US Agency says those patents are invalid, at least for now. 
    watto_cobraJaiOh81
  • Reply 3 of 9
    The same thing happens now as earlier in the month in the US. Apple appeals and provides more info.
    killroywatto_cobra
  • Reply 4 of 9
    carnegiecarnegie Posts: 1,016member
    sflocal said:
    However, the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor's Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents in early December.



    Read on AppleInsider
    Wait what?  The ITC finds Apple guilty of patent infringement... for patents that were invalidated a few weeks ago?  Is the right hand not taking to the left hand?
    The respective agencies (i.e. USPTO and the USITC) know what the other is doing. But they are separate, have different processes, and operate under different statutory authority.

    The PTAB's invalidations of the the patents at issue don't automatically supersede the USITC's determination. AliveCor has the right to appeal those invalidations to the Federal Circuit (and possibly the US Supreme Court) just as Apple has the right to appeal the USITC's determination to the same courts. (The USITC's exclusion order will also be reviewed by the President.)

    If the PTAB's invalidations are ultimately upheld, the USITC's order won't be given effect. In the meantime it's effectively on hold because of those invalidations.
    beowulfschmidtkillroy
  • Reply 5 of 9
    carnegiecarnegie Posts: 1,016member
    sflocal said:
    However, the ITC has suspended the enforcement of the order. The enforcement is held, pending the ruling of AliveCor's Appeal of the US Patent Trial and Appeal Board ruling that had invalidated the same three patents in early December.



    Read on AppleInsider
    Wait what?  The ITC finds Apple guilty of patent infringement... for patents that were invalidated a few weeks ago?  Is the right hand not taking to the left hand?
    ITC is the international group saying Apple infringes upon the patents. The US Agency says those patents are invalid, at least for now. 
    This is the USITC, another U.S. government agency.
  • Reply 6 of 9
    So… it’s up to… Biden?

    LOL

    God help us. 
    watto_cobraJanNL
  • Reply 7 of 9
    danoxdanox Posts: 1,527member
    So… it’s up to… Biden?

    LOL

    God help us. 
    No it’s up to Elon :smile: 
    edited December 2022
  • Reply 8 of 9
    Nono,no! Only evil China is stealing intellectual property. It cannot be our favorite American company cause 9seconkox2 and numerous others here said so. 
  • Reply 9 of 9
    So… it’s up to… Biden?

    LOL

    God help us. 
    Anybody who prefers the raving lunatic who peddles conspiracy theories and proclaimed the constitution should be nullified…cannot be taken seriously. Congrats, that’s you now. 
    MplsP
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