The US Court of Appeals for the Federal Circuit has dealt another blow to AliveCor in its protracted legal battle against Apple, affirming that the medical device maker’s electrocardiogram (EKG) patents are unpatentable. The decision ensures Apple Watches will remain on sale in the US without restrictions related to their EKG functionality.
Legal Battle Stems From 2021 Infringement Claims
AliveCor first filed a complaint with the International Trade Commission (ITC) in 2021, alleging Apple infringed on its EKG patents. The ITC initially sided with AliveCor, recommending an import ban that would have blocked Apple Watches featuring EKG capabilities from being sold in the US. However, the ban never took effect after the Patent Trial and Appeal Board (PTAB) invalidated the three patents in question.
For the import ban to proceed, AliveCor needed to successfully appeal the PTAB’s ruling—a challenge it ultimately lost. The Federal Circuit’s latest decision solidifies the PTAB’s earlier judgment, closing another chapter in the dispute.
AliveCor Vows to Continue Legal Fight
AliveCor expressed disappointment with the court’s decision, criticizing its failure to consider secondary evidence that the ITC had previously deemed persuasive.
“We are deeply disappointed by the Court’s decisions this morning and that the Court did not review the available secondary considerations, which the ITC found to be persuasive in their finding of validity,” said Sanjay Voleti, AliveCor’s chief business officer. “We will continue to explore all available legal options, including potential appeals, to defend our position that our patents are valid and that Apple infringed our intellectual property rights.”
“We thank the Federal Circuit for its careful consideration in this case,” said Apple spokesperson Fred Sainz. “Apple’s teams have worked tirelessly over many years to develop industry-leading health, wellness, and safety features that meaningfully impact users’ lives, and we intend to stay on this path.”
Contrast With Masimo’s Successful ITC Challenge
AliveCor’s legal strategy mirrored that of Masimo, another medical device company that secured an ITC import ban against the Apple Watch. However, Masimo’s case centered on patents related to the watch’s blood oxygen sensor—not its EKG technology.
To comply with the ITC’s ruling in Masimo’s case, Apple now disables the blood oxygen sensor in new Apple Watches sold in the US. The latest court decision ensures no similar restriction will apply to EKG features, allowing Apple to continue selling its flagship wearable without further disruption.
