The Apple Watch Won't Be Banned In The US

Apple successfully avoids the import ban that Apple Watch may face in the United States. The court upheld the invalidation of AliveCor patents related to electrocardiogram technology.

The Apple Watch is an extremely popular wearable product for Apple, so it would be frustrating to see it banned in the United States. Thankfully, though unbelievable, Apple just avoided this fate.

The protracted legal dispute between Apple and medical device company AliveCor ultimately worked for Apple. The U.S. Court of Appeals for the Federal Circuit upheld a previous judgment that declared three patents from AliveCor related to the electrocardiogram (ECG) technology used in the Apple Watch were invalid. If the court decides to the contrary, Apple could face an import ban, which would effectively prevent the company from continuing to sell Apple Watch in the United States.

AliveCor, a company specializing in personal electrocardiogram devices, filed a lawsuit against Apple in 2021, telling the court that the Apple Watch's ECG function infringes several of its patents. These patents involve methods for monitoring heart rate and detecting arrhythmia (irregular heart rhythm). Initially, the U.S. Patent and Trademark Office (USPTO) supported AliveCor, saying Apple did infringe on the three patents. Apple then challenged the decision, asking the USPTO's Patent Trial and Appeal Board (PTAB) to review the validity of the relevant patents. PTAB ultimately supported Apple, deeming several claims in the AliveCor patent unpatentable.

Despite the ruling, the International Trade Commission (ITC) still recommends a limited exclusion order and a cessation order for the Apple Watch—which may prevent certain models from being imported into the United States if the recommendation is passed. Apple appealed the ITC ruling on the grounds that the PTAB declared the patents invalid. Meanwhile, AliveCor appealed the PTAB's decision in an attempt to restore the validity of its patent. It looks like this round-trip tug-of-war is finally coming to an end today, as Apple just won the case against legal means and the court revoked the ITC ruling.

AliveCor insisted that its patent was valid and that Apple infringed its intellectual property rights, and said the court did not fully consider the secondary factors considered important by ITC. It is also exploring its remaining legal options, including possible further appeals. So, AliveCor will still look like it will continue to try to fight Apple, but for the time being, at least for now, Apple will be able to continue selling its allegedly infringing smartwatches.

In recent years, Apple has been involved in several high-profile patent disputes, many of which are also related to the health-related features of the Apple Watch. However, Apple won’t win every time – the legal battle with Masimo is an example of Apple’s actual loss. Apple and medical technology company Masimo have a patent dispute over blood oxygen sensing technology (pulse oximetry) in Apple Watch models. Masimo claims Apple infringes its patent, which ITC agrees and issues an import ban on Apple Watch models with the feature. Apple was forced to temporarily stop selling affected models and subsequently released an updated version of the ban on blood oxygen to comply with the regulations.

Apple Watch Series 10

$329 $429 Save $100 Buy on Amazon View on Apple View on Best Buy It's hard to imagine that this will be good for AliveCor in the future, but the good news is that Apple doesn't have to stop selling Apple Watch. So you can still head to the Apple store to buy one for yourself, and you can continue to do so for the foreseeable future.

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