Apple Plans To File An Appeal Against ITC Decision Banning Apple Watch Imports In The United States

JAKARTA - President Joe Biden's administration will not overrule the United States' International Trade Commission (ITC) decision to block imports of Apple Watches for allegedly violating AliveCor Inc's patents regarding cardiac monitoring.

The Office of the US Trade Representative announced this on Tuesday, February 21. AliveCor also said that they have been informed that there will be no objection to the decision. However, ITC's import ban remains pending while Apple and AliveCor continue to dispute patents.

The ITC ruled last December that imports of Apple's smartwatch should be banned as it infringes on AliveCor's patents, but the suspension was made while trials over the patent are still ongoing. The US Patent and Trademark Office found the patent invalid the same month, but AliveCor said it would appeal.

Apple said it would appeal the ITC import ban decision, which would have a negative impact on public health. White House representatives have yet to comment on the matter.

The ITC import ban has been in place for 60 days, and the US government has time to decide whether to overrule the decision on a policy basis. Presidential vetoes over bans on ITC imports are generally rare. However, in 2013, the Barack Obama administration reversed an import ban on some iPhones and iPads in a patent battle between Apple and Samsung Electronics Co Ltd, citing the impact on American consumers and economic competition.

AliveCor accused Apple of infringing on three patents related to its KardiaBand, an Apple Watch accessory that monitors a user's heart rate, detects irregularities, and performs an electrocardiogram to identify heart problems such as atrial fibrillation.

AliveCor says that Apple copied its technology and beat it in the market by making Apple's operating system incompatible with KardiaBand.

Apple Watch Series 4, 5, 6, 7, and 8 have ECG technology. Apple introduced its newest Series 8 last year. AliveCor has sued Apple separately in California federal court for allegedly monopolizing the US market for its Apple Watch heart rate app, and filed a patent infringement lawsuit related to Apple in Texas federal court. Apple has also filed a countersuit against AliveCor in San Francisco federal court for alleged patent infringement.

The ITC case is Certain Wearable Electronic Devices With ECG Functionality and Components Thereof, US International Trade Commission, No. 337-TA-1266.