Apple Watch Found to Infringe AliveCor ECG Patents
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AliveCor, Inc., a company focused on cardiac data and remote medicine, successfully convinced an International Trade Commission (ITC) judge that Apple, Inc. infringed multiple AliveCor patents related to electrocardiogram (ECG) technology. AliveCor asserted that the Apple Watch (Series 6 and 7) infringes multiple AliveCor ECG patents and seeks to ban the watches from importation into the U.S.
In a June 27, 2022 Notice of Initial Determination, an ITC Administrative Law Judge (“ALJ”) agreed with AliveCor, determining Apple had violated Section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337), related to “Unfair practices in import trade.” The ALJ found the ECG functionality of the Apple Watch Series 6 and Series 7 (pictured below) infringed multiple, valid claims of two AliveCor patents: U.S. Patent Nos. 10,638,941 (titled “Discordance Monitoring”) and 10,595,731 (titled “Methods and Systems for Arrhythmia Tracking and Scoring”).
AliveCor is the complainant in ITC Investigation No. 337-TA-1266 (the “1266 Investigation”), captioned Certain Wearable Electronic Devices with ECG Functionality and Components Thereof. A public version of the ALJ’s complete Initial Determination should be released soon. By October 26, 2022, the full ITC is expected to issue a final decision in the 1266 Investigation. If the Commission affirms the ALJ’s findings, the Apple Watch Series 6 and Series 7 could be banned from importation into the United States.
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Douglas Wentzel
Douglas Wentzel assists clients with patent prosecution matters in automotive, mechanical, and medical device spaces.
Doug graduated from Drexel University, summa cum laude, with a bachelor's degree in Civil Engineering. While an undergraduate, he acquired structural engineering industry experience and designed structural members for various high-rise buildings and mechanical systems. Additionally, Doug collaborated in designing an 18-story addition to a university dormitory. Among other projects, he has also fabricated a custom forced induction system for a naturally aspirated automobile.
Doug received his J.D. from the University of Pennsylvania Law School, where he founded a program to help engineering students incorporate intellectual property considerations into their hypothetical start-up businesses.
Doug worked as a summer associate at the firm in 2014 and 2015 and joined the firm in 2016.
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