AliveCor is an FDA-cleared personal electrocardiogram (ECG) technology company that makes KardiaMobile device, one of the most clinically validated personal ECG solutions in the world. Last year, AliveCor sued Apple for patent infringement. Last December, the International Trade Commission confirmed that Apple Watch infringed AliveCor’s patented technology. Also, 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.
Today, ITC’s LEO has cleared Presidential review. This order may force Apple to pay up the patent royalty fees to AliveCor or stop the sales of Apple Watches which infringes AliveCor’s patents.
This is the Commission’s first LEO against Apple to clear Presidential review, and sends a strong signal to innovative companies that their IP is protected within the legal framework.
“We applaud President Biden for upholding the ITC’s ruling and holding Apple accountable for infringing the patents that underpin our industry-leading ECG technology,” said Priya Abani, CEO of AliveCor. “This decision goes beyond AliveCor and sends a clear message to innovators that the U.S. will protect patents to build and scale new technologies that benefit consumers.”
On a related note, AliveCor has also filed a antitrust case against Apple in the Northern District of California, which is expected to go to trial in early 2024.