Apple Scores Win in AliveCor Legal Battle With USPTO Invalidating Several Patents

The United States Patent and Trademark Office's Patent Trial and Appeal Board today invalidated a trio of AliveCor patents that AliveCor used in a complaint with the International Trade Commission, which is a win for Apple. The patents all related to heart rate monitoring technology used in AliveCor products.

kardiamobile alivecor
AliveCor in April 2021 filed a complaint with the ITC alleging that Apple had infringed on several of its patents with the Apple Watch, and an ITC judge ultimately ruled in AliveCor's favor in June. The ITC at the time issued an initial determination that Apple infringed on AliveCor patent technology, which Apple is now appealing. If a final ruling determines Apple infringed on the patents, the ITC could issue an import ban on the Apple Watch.

Apple asked for a review of the claims in three of the patents that AliveCor was using against it, and the USPTO's Appeals Board found that multiple claims in U.S. Patent No. 10,638,941, U.S. Patent No. 10,595,731, and U.S. Patent No. 9,572,499 are "held to be unpatenable."

In a statement to MacRumors Apple said that the decision confirms that the patents AliveCor used against Apple for its ITC injunction are invalid.

We appreciate the Patent Trial and Appeal Board's careful consideration of these patents, which were found to be invalid. Apple's teams work tirelessly to create products and services that empower users, including the industry-leading health, wellness and safety features we independently developed and incorporated into Apple Watch. Today's decision confirms that the patents AliveCor asserted in the ITC against Apple are invalid.

When a patent is invalidated, it means there can be no infringement of the patent, which will factor in to the final ITC decision. The ITC will decide later in December whether there should be an import ban.

AliveCor and Apple are embroiled in several legal battles, as AliveCor has also filed an antitrust lawsuit against Apple and Apple has sued AliveCor for patent infringement.

Update: In a statement, AliveCor said that it is deeply disappointed in the decision and plans to appeal.

AliveCor is deeply disappointed and strongly disagrees with the decision by the PTAB and will appeal. The PTAB and ITC are two, separate independent bodies and will make their own separate independent decisions. We look forward to the separate Final Determination from the ITC expected December 12 and are cautiously optimistic based on the Initial Determination for AliveCor in June of this year.

We will continue to vigorously protect our patents for the sake of our customers. The PTAB decision does not impact AliveCor's ongoing business. We will continue to design and distribute our best-in-class portable ECG products and services to our customers.

Popular Stories

iPhone 16 Pro Sizes Feature

iPhone 16 Launch Is Just One Month Out – Here's Everything We Know

Saturday August 10, 2024 5:00 am PDT by
Apple typically releases its new iPhone series in the fall, and a possible September 10 announcement date has been floated this year, which means we are just one month away from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design...
macbook pro bb cyber

Apple's M3 MacBook Pro Gets Up to $1,000 Off In Major New Sales, Starting at $1,299 [Updated]

Sunday August 11, 2024 1:54 pm PDT by
Apple's M3 MacBook Pro is seeing multiple high value discounts on Best Buy and Amazon today, with up to $1,000 off select models. This includes a new all-time low price on the entry-level M3 512GB 14-inch MacBook Pro at $1,299.00, down from $1,599.00, and a massive $1,000 discount on the high-end 16-inch model exclusively for Best Buy members. Note: MacRumors is an affiliate partner with Best...
iPhone 16 Pro Right Side Feature

The iPhone 16 is Getting a New Button: Here's What It Can Do

Tuesday August 13, 2024 4:01 pm PDT by
Multiple rumors have suggested that the iPhone 16 models are going to have an all-new button that's designed to make it easier to capture photos when the devices are held in landscape mode. Apple calls the button the Capture Button internally, and it is going to be one of the most advanced buttons that's been introduced to date with support for multiple gestures and the ability to respond to ...
iOS 18 on iPhone Feature

Everything New in iOS 18.1 Beta 2 and iOS 18 Beta 6

Monday August 12, 2024 2:32 pm PDT by
Apple is beta testing iOS 18 and the first update to iOS 18 concurrently, and we got the second betas of iOS 18.1, iPadOS 18.1, and macOS Sequoia 15.1 today alongside the sixth betas of iOS 18, iPadOS 18, and macOS Sequoia 15. Many of the changes in iOS 18.1 are focused on bringing the .1 betas in line with the standard betas, which recently received updates to Photos and Safari, while...
Beyond iPhone 13 Better Blue Face ID Single Camera Hole

10 Reasons to Wait for Next Year's iPhone 17

Thursday August 8, 2024 4:40 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different – already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
iPhone 17 Slim Feature Single Camera 2

Next Year's Slim iPhone 17 Could Be an 'iPhone Air'

Monday August 12, 2024 8:43 am PDT by
Apple's rumored iPhone 17 "Slim" could be positioned as an iPhone "Air" to boost sales, according to Bloomberg's Mark Gurman. In the latest edition of his "Power On" newsletter, Gurman explained how the "fourth" model in the iPhone lineup since 2020 (the iPhone 12 mini, iPhone 13 mini, iPhone 14 Plus, and iPhone 15 Plus) has largely been a commercial failure. In the case of the Plus model,...

Top Rated Comments

BootsWalking Avatar
22 months ago

Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
Where did this rush-to-market narrative come from? AliveCor has been developing handheld ECG products since 1990.
Score: 15 Votes (Like | Disagree)
OhMyMy Avatar
22 months ago
At least AliveCor isn’t a patent troll.
If only the USPTO could come up with a solution to that problem.
Score: 10 Votes (Like | Disagree)
BootsWalking Avatar
22 months ago
The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
Score: 10 Votes (Like | Disagree)
erikkfi Avatar
22 months ago
There’s something really unlikable about the way Apple’s corporate statements are phrased.
Score: 9 Votes (Like | Disagree)
genovelle Avatar
22 months ago

The cases concern technologies that AliveCor originally released as part of the KardiaBand in 2017. The KardiaBand was a high-tech watchband that allowed the Apple Watch to monitor a user’s heart rhythm for abnormalities that might indicate a heart condition. The band also came with built-in electrocardiogram capabilities that allowed the device to take a snapshot of the heart rhythm that could be used to confirm a diagnosis. During development, AliveCor founder and chief medical officer Dave Albert demonstrated the technologies to Apple executives, and Apple released very similar technologies in 2018.

Source: https://www.statnews.com/2022/12/06/apple-alivecor-patent-challenge-ruling/
these technologies are not something that happens in a vacuum. Apple pointed to related patent they filed for in 2012. Just because they demonstrated something to Apple likely hoping to be acquired, doesn’t mean Apple didn’t already have a better solution
Score: 7 Votes (Like | Disagree)
steve09090 Avatar
22 months ago
Good to see Apple actually getting a fair deal after AliveCor used Apples patents. Rushing to market never means you have the right to the patents. Apple takes its time with products (unless it’s the butterfly keyboard), but it never loses the rights of the patents it own and develops.
Score: 5 Votes (Like | Disagree)