Developments in Patent Disputes Between Apple and AliveCor
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Earlier this year, AliveCor, Inc., a medical device and AI company producing electrocardiogram (ECG) hardware and software for consumer mobile devices, succeeded in convincing an International Trade Commission (ITC) judge that Apple Inc. infringed multiple, valid claims of three AliveCor patents on ECG technology. By December 12, 2022, the full ITC is expected to issue a final decision in that investigation (337-TA-1266).
With the final ITC decision just days away, Apple filed suit against AliveCor, Inc. in the Northern District of California on December 2. Apple alleges that the ECG functionality of several AliveCor products, including KardiaMobile, KardiaMobile 6L (pictured below), KardioMobile Card, and the related Kardia App, infringe one or two Apple patents: U.S. Patent Nos. 10,076,257 and 10,866,619. Apple also alleges that AliveCor’s KardiaPro service and Kardia App, in conjunction with various Kardia devices, infringe one or two additional patents: U.S. Patent Nos. 10,270,898 (titled “Wellness Aggregator”) and 10,568,533 (titled “User Interfaces for Health Monitoring”).
Less than a week after Apple filed suit, a panel of Patent Trial and Appeal Board (PTAB) administrative judges found that the three AliveCor patents asserted in the ITC investigation were invalid. According to Law360, an AliveCor spokesperson explained AliveCor is “deeply disappointed and strongly disagrees with the decision by the PTAB and will appeal.” Regarding whether the PTAB’s findings should impact the ITC’s decision, the AliveCor’s spokesperson added:
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.
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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