William Gallagher
President Biden has decided not to block a possible Apple Watch import ban which can go ahead if AliveCor can overturn a previous ruling that its patents in question are invalid.
AliveCor has told AppleInsider that it has been informed that the International Trade Commission (ITC) ruling in its favor has been cleared by the White House. President Biden has therefore chosen not to block the pending ITC ruling that Apple infringes on AliveCor's patents with the ECG features in the Apple Watch.
Apple previously won its claim that three of the patents should be invalidated, which would render the ITC ruling moot. Enforcement of the ban is awaiting the conclusion of AliveCor's appeal of the invalidation.
In the meantime, the ITC issued the Limited Exclusion Order (LEO) on the Apple Watch on December 22, 2022, which called for a ban on Apple Watch sales. The LEO was sent to the White House, which had 60 days to back or block the decision.
"We applaud President Biden for upholding the ITC's ruling," AliveCor CEO Priya Abani said in a statement to AppleInsider, "and holding Apple accountable for infringing the patents that underpin our industry-leading ECG technology."
"This decision goes beyond AliveCor," she continued, " and sends a clear message to innovators that the US will protect patents to build and scale new technologies that benefit consumers."
AliveCor therefore says that the ITC's ban can go into effect "upon favorable resolution of appeals in the case" with the US Patent Trial and Appeal Board. The company also notes that the ITC's decision is separate from an antitrust suit it has filed against Apple, which is expected to go to trial in early 2024.
Apple believes that the patent board's decision to invalidate certain of AliceCor's patents is significant. Despite President Biden's decision not to block the ITC's ruling, that ruling cannot be applied until the patent decision appeal is concluded.
The company also told AppleInsiderthat the evidence it has already provided the ITC makes a case that a ban would be against the public interest.
According to AliveCor, the White House will not comment further on the ITC's LEO.
Updated: 2:55 PM ET with Apple's position.
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Wesley Hilliard
AppleInsider Staff
Andrew Orr
Amber Neely
30 Comments
More accurately Biden did not get involved preemptively. The case will drag out for a long time. No reason for him to do anything until the dust has settled.
AliveCor is going after Apple for ECG on a watch because the infringement here is somehow unique to Apple who stole a unique idea? I am not seeing it. Are they then going after Google Pixel, Samsung Galaxy, Fitbit Sense, Withing Scan and other models, Huawei GT and Garmin watches? I likely have missed other smart watches with ECG but the concept can hardly be called inventive if everyone is already doing this. Perhaps AliveCor thought the patent would stand and that Apple would settle with a royalty...
These paper invention patent need to be stop. If I file a flying car patent doesn’t mean I know how to make one.
These companies pretty much just combine a known technology with another object and hope someone like apple actually makes it into a popular product then sue for money. I should file a patent about smart shoes with ECG and hope Nike makes it into a thing.
This shows why frivolous lawsuits continue. Even the Whitehouse cannot see the sad situation for what it is. "Oh, a small firm is filing a patent lawsuit? We must protect the LITTLE GUY by not intervening in this fight!" Or so they tell themselves at the Whitehouse. No one in power cares at all that these sort of lawsuits, so often filed in EAST TEXAS (which supports patent trolls), are often without merit from tiny companies who are not innovating but instead seeking a financial reward. And the fact that nothing ever changes proves that the American people themselves are complicit in all this because nobody is screaming to have the situation changed except some of us in an AppleInsider forum.
It's totally and utterly beyond belief.