AliveCor suffers another loss in Apple Watch ECG patent battle

Apple is tangled in multiple lawsuits around Apple Watch technologies. While Masimo succeeded in getting an import ban, which Apple bypassed, AliveCor isn't having any luck in court.

According to a filing from the U.S. Customs and Border Protection (CBP), Apple isn't violating any AliveCor patents in Apple Watch models with redesigned ECGs. Therefore, those models are not under the International Trade Commission's (ITC) Limited Exclusion Order (LEO).

All of that legal verbiage translates to this — Apple can import Apple Watch for sale in the US without paying a $2 bond for each one.

We find that Apple has met its burden to establish that the articles at issue do not infringe any of claims 12, 13, and 19-23 of the '941 patent or claims 1, 3, 5, 8-10, 12, 15, and 16 the '731 patent. Accordingly, we find that the articles at issue are not subject to the LEO issued as result of Investigation No. 337-TA-1266. Entry for consumption into the United States, entry for consumption from a foreign trade zone, or withdrawal from a warehouse for consumption of the articles at issue, however, is conditioned on the drafting and submission of a certification, as provided for in this ruling, that would take effect should the Commission lift the suspension on enforcement of the limited exclusion order.

The ruling is yet another blow in AliveCor's case against Apple. The company is currently appealing the antitrust case it lost in California.

AliveCor reached out to AppleInsider with a statement on the CBP decision.

Apple's proposed redesign would result in an inefficient and poor customer experience, should they choose to move forward with implementing it. When the ITC's limited exclusion order goes into effect after resolution of the pending appeals, Apple will be forced to decide whether it will consciously degrade its Apple Watch product in an attempt to sidestep its infringement or simply play by the rules.

Apple's avoidance of AliveCor's technology shouldn't come as a surprise. The only thing that will save AliveCor in this process is if they somehow come out on top in the appeals process and force Apple to make a change.