Could Apple be forced to withdraw the Apple Watch and Apple Watch Ultra from sale in the US?
At the start of December, Cupertino had won a small victory. Actually the Commission US Patent Trial and Appeal Board – who is responsible for disputes and appeals in connection with patents – had void several patents from AliveCor for this protracted litigation.
Yesterday, the International Trade Commission (ITC) ruled that Apple infringed certain AliveCor patents, which could threaten Apple Watch sales in the United States.. Legally, it has issued an order that is limited to the states, which can lead to the exclusion or even the suspension of sales in the territory. It could also result in an import ban, which would have a huge impact on Apple Watch sales. In fact, Cupertino would no longer be able to sell the Apple Watch Series 8 or the Apple Watch Ultra in the US, both of which are equipped with an ECG sensor.
In a statement, AliveCor says the ITC’s decision is a victory not only for the company but also for
other innovative small businesses and also for consumers. The question now is to choose between the various decisions, including this one from the PTAB, which said earlier this month that AliveCor’s technologies were
not patentablebecause they are too obvious or too general to be patentable.
Summary of previous sections
In 2021, AliveCor sued Apple for theft of technology and abuse of dominant position, seizing the California courts (and not those in Texas, which usually hear this type of case). To back up its remarks, the company claimed that Cupertino would have used its monopoly on the heart rate analysis market – held via the Apple Watch – to
weaken competition, reduce consumer choice and potentially harm public health.
The relationship between the two companies would frankly have worsened with the launch of the Apple Watch Series 4. The medical company first claimed to have developed the personal EKG feature and claimed that Apple had stolen its heart detection and analysis technology. She also accused him of unfairly blocking his SmartRhythm app, which works with the EKG from the KardiaBand, the first FDA-approved accessory for the Apple Watch. In particular, she pleaded the infringement of several patents that are invalid today.
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