The U.S. International Trade Commission has ruled that they won't enforce a ban on Apple Watch until appeals are finished with US Patent Office
On December 3rd, Patently Apple posted a report titled "Apple has Filed a 4-Count Patent Infringement Lawsuit against AliveCor, maker of ECG hardware and software for mobile devices." Apple noted in their complaint before the court against AliveCor that "while an Administrative Law Judge issued an Initial Determination in that action finding a violation—a finding that Apple is presently contesting before the Commission—Apple now brings this action to set the record straight as to who is the real pioneer and to stop AliveCor’s rampant infringement that unlawfully appropriates Apple’s intellectual property.
Then on December 7th, Patently Apple posted a report titled "The U.S. Patent Trial and Appeal Board Ruled that Three of AliveCor's patents are Invalid which could affect the ITC's ruling against Apple."
With the U.S. Patent Trial and Appeal Board ruling, the U.S. International Trade Commission's (ITC's) ruling yesterday stated that it would not enforce a ban until appeals were finished in a separate dispute before the U.S. Patent and Trademark Office (USPTO).
The Biden Administration will have a 60-day period to decide whether to veto the import ban based on policy concerns. The commission set a bond of $2 for each infringing Apple device imported during the presidential review period, which it also suspended while appeals of the USPTO decision are pending.
Presidents have rarely vetoed import bans in the past. Parties can appeal a ban to the U.S. Court of Appeals for the Federal Circuit after the review period ends.
Apple said in a statement that it "firmly" disagreed with the ITC decision but was pleased that the import ban was paused. The ITC had ruled that Apple did infringe on AliveCor patents. For more on this, read the full Reuters report.
With the patents being found to be invalid by the U.S. Patent Office, it's hard to believe that AliveCor will win their case. And, with Apple countersuing AliveCor, Apple is out to not only set the record straight on the technology behind Apple Watch, but to ensure that AliveCor pays a heavy price for starting this patent war.
For now, AliveCor sent a statement that in-part states: "AliveCor, the global leader in FDA-cleared personal electrocardiogram (ECG) technology, today announced that the International Trade Commission (ITC) has issued its Final Determination ruling that Apple Watch infringed AliveCor’s patented technology. The ITC issued a Limited Exclusion Order (LEO), a cease and desist order and set a bond in the amount of $2.00 per unit of infringing Apple Watches imported or sold during the Presidential review period, potentially impacting sales of millions of infringing Apple Watches.
The ITC has suspended enforcement of its orders pending resolution of AliveCor’s appeal of the U.S. Patent and Trademark Office, Patent Trial and Appeal Board’s (“PTAB”) decision finding the asserted patents unpatentable. Today’s ruling marks a victory for AliveCor and affirms the Initial Determination issued in June by Administrative Law Judge (ALJ) Cameron Elliot of the ITC. The Final Determination will now undergo a 60-day review by President Biden." For more on this, read the full statement by AliveCor here.