Judge says Apple violated ECG patents, making U.S. import ban of Apple Watches a possibility

A judge from the U.S. International Trade Commission (ITC) has ruled that Apple infringed on some of AliveCor’s patent rights for wearable devices containing electrocardiogram (ECG) technology. This story, however, is far from over.

The full Notice of Initial Determination by Administrative Law Judge Cameron Elliot is available here. Elliot does confirm that Apple violated two patents, but he also says there was “no violation” with respect to an additional patent that was also part of the inquiry.

This is not the final word on this case. A final ruling is expected by October.

“Today’s ruling is a strong validation of our IP and underscores that patents matter and even an influential company like Apple cannot simply violate them to stifle innovation,” Priya Abani, CEO of AliveCor, said in a statement. “Since the start, our focus has been on our customers and providing them with strong choices to help monitor their cardiac health, including KardiaBand, the first-ever FDA-cleared ECG device accessory for Apple Watch.”

If the full ITC ultimately rules in AliveCor’s favor, the import of the Apple devices involved in this lawsuit could potentially be banned. Apple would still be able to appeal the decision, however.

Apple has not yet replied to our request for comment.

A bit of context on the AliveCor/Apple dispute

AliveCor first filed a federal antitrust lawsuit against Apple back in May 2021. The company alleged that Apple, seeing the success of AliveCor’s FDA-cleared ECG offerings for the Apple Watch, copied AliveCor’s technology and purposefully sabotaged AliveCor and other competitors.

“Apple's tactics in the heartrate analysis market, have injured competition, reduced consumer choice and potentially damaged public health,” Abani said at the time.

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Michael Walter
Michael Walter, Managing Editor

Michael has more than 16 years of experience as a professional writer and editor. He has written at length about cardiology, radiology, artificial intelligence and other key healthcare topics.

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