AliveCor's legal battles against Apple have hit another roadblock. The U.S. Customs and Border Protection (CBP) recently determined that the redesigned ECG functionality in the Apple Watch does not infringe upon AliveCor's patents, dealing a significant blow to AliveCor's ongoing legal efforts.
Apple has been entangled in multiple lawsuits over its Apple Watch technologies. While Masimo achieved an import ban that Apple managed to circumvent, AliveCor has not found similar success in court.
The CBP's recent filing states that Apple is not violating AliveCor's patents in the latest Apple Watch models with redesigned ECG features. Consequently, these models are not subject to the International Trade Commission's (ITC) Limited Exclusion Order (LEO). This means Apple can continue importing Apple Watches into the United States without the need to pay a $2 bond per unit.
The CBP ruling elaborates, "We find that Apple has met its burden to establish that the articles at issue do not infringe any of claims 12, 13, and 19-23 of the '941 patent or claims 1, 3, 5, 8-10, 12, 15, and 16 of the '731 patent. Accordingly, we find that the articles at issue are not subject to the LEO issued as a result of Investigation No. 337-TA-1266."
Despite the legal jargon, the bottom line is clear: Apple can continue to import and sell its Apple Watches in the U.S. without additional financial penalties. However, entry for consumption into the United States, entry from a foreign trade zone, or withdrawal from a warehouse for consumption requires the submission of a certification, as stipulated in the ruling, which will be activated if the Commission lifts the suspension on the enforcement of the LEO.
This decision marks another setback for AliveCor, which is also appealing a recent antitrust case loss in California. The company continues to face significant hurdles in its efforts to challenge Apple's dominance in the smartwatch market.