President Biden Will Not Stop Import Ban on Apple Watch If AliveCor Patents Found Valid

AliveCor has announced that the U.S. International Trade Commission (ITC) import ban on Apple Watch has cleared Presidential review.

Back in December, the ITC issued a Final Determination ruling that found Apple guilty of infringing on AliveCor ECG patents with the Apple Watch. It also issued a Limited Exclusion Order (LEO) and a cease and desist order on Apple Watches infringing those patents.

Despite the determination, the ITC suspended enforcement of its orders because a recent U.S. Patent and Trademark Office, Patent Trial and Appeal Board's ("PTAB") decision had found the patents invalid. AliveCor is appealing the ruling and should it succeed, the LEO will go into effect.


AliveCor issued the following statement today:

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. The ITC's ruling in December affirmed that Apple infringed AliveCor's groundbreaking intellectual property. The LEO will go into effect upon favorable resolution of appeals in the case, including AliveCor's appeal of the U.S. Patent Trial and Appeal Board's decision.

"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."

In addition to the patent infringement case, AliveCor has filed an antitrust case against Apple in the Northern District of California. That case is expected to go to trial in early 2024.


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