Even when Apple finally prevails in its struggle to show that its Apple Watch blood oxygen sensors don’t infringe on Masimo’s patents, there’s one other patent battle looming on the horizon that might finally flip right into a one-two punch to the corporate.
With all of the drama across the ITC’s current Apple Watch ban, it’s simple to overlook that Masimo isn’t the one firm difficult the well being sensors used within the Apple Watch. A second case that’s been winding its method by way of the courts claims Apple additionally performed quick and unfastened with the ECG expertise launched within the Apple Watch Collection 4 in 2018.
In 2017, a small well being tech firm known as AliveCor launched KardiaBand, the primary Apple Watch accent to be cleared by the FDA to permit customers to take ECG readings.
A 12 months later, Apple constructed an identical characteristic instantly into the Apple Watch Collection 4. AliveCor known as foul by submitting an antitrust lawsuit in 2021, accusing Apple of stealing its concepts and “behind-the-scenes acts of sabotage” within the type of watchOS modifications that rendered KardiaBand’s SmartRhythm companion app inoperable.
Alongside the antitrust lawsuit, AliveCor filed a patent grievance with the US Worldwide Commerce Fee (ITC), alleging that the Apple Watch ECG characteristic infringed upon AliveCor’s patents.
Whereas the antitrust case was dismissed earlier this 12 months, the ITC dominated in AliveCor’s favor, issuing a Restricted Exclusion Order (LEO) on December 22, 2022, that may have seen the Apple Watch Collection 8 and Apple Watch Extremely (and every other fashions with ECG expertise) banned from sale and import in the USA.
If this sounds acquainted, that’s as a result of it’s virtually an identical to what occurred in Apple’s patent dispute with Masimo, with the ITC ruling that the blood oxygen sensor within the Apple Watch Collection 6 and later additionally infringed on Masimo’s patents.
The AliveCor ban adopted a really related highway, with a 60-day Presidential evaluation interval that the Biden administration additionally declined to veto. Nonetheless, the important thing distinction — and the one factor that saved the Apple Watch Collection 8 from being pulled from sale final spring — was that Apple managed to get a ruling from the US Commerce Division’s Patent Trial and Enchantment Board (PTAB) that declared the related AliveCor patents invalid.
That call successfully put the ITC ban on maintain since a product can’t be banned from infringing on patents that don’t technically exist.
This places the onus on AliveCor to show the patents stay legitimate, and it’s interesting the PTAB choice to take action. In the meantime, Apple can be nonetheless interesting the ITC ruling that ordered the ban within the first place.
However, AliveCor may be very optimistic about Masimo’s win with the ITC and believes it’s an indication of issues to come back. In a press release to iDrop Information, an AliveCor spokesperson stood in solidarity with Masimo and praised the federal government for holding trade giants accountable for anticompetitive practices.
That is the second time in lower than 12 months President Biden has allowed an Worldwide Commerce Fee Restricted Exclusion Order (LEO) to face towards imports of Apple Watches that violate the patents of small U.S. innovators. Earlier this 12 months, AliveCor’s patent for its FDA-cleared private electrocardiogram (ECG) expertise was equally affirmed and we share our assist immediately for Masimo’s tenacity in its face off with Apple. Innovator corporations and well being shoppers alike must be inspired that trade giants are more and more being held accountable for anticompetitive practices that may finally restrict entry to probably life-saving expertise.AliveCor
Whereas the appeals gained’t doubtless be heard till someday subsequent 12 months, if AliveCor is profitable in getting its patents validated by an appellate courtroom and Apple fails to get the ITC ruling overturned, we may very well be in for one more tough experience for gross sales of the Apple Watch Collection 9 and Apple Watch Extremely 2 within the US. The following-generation Apple Watch Collection 10 (or Apple Watch X) could need to make some large modifications to keep away from elevating the ire of US regulators — modifications that might embrace eradicating options just like the blood oxygen and ECG sensors.