Biden Upholds ITC Ruling in Favor of AliveCor in Apple Antitrust Case

President Biden has upheld the U.S. International Trade Commission’s final determination that Apple infringed on AliveCor’s wearable electrocardiogram device, keeping alive a limited exclusion order and a cease and desist order on Apple to cease importing certain versions of its watches.

The limited exclusion order will not go into effect until appeals in the case are resolved, including AliveCor’s appeal to the U.S. Patent Trial and Appeal Board (PTAB). In December, the PTAB ruled in favor of Apple, saying that AliveCor’s claims on the wearable ECG technology were unpatentable.

AliveCor CEO Priya Abani said he applauded President Biden for “holding Apple accountable for infringing the patents that underpin our industry-leading ECG technology.”

AliveCor manufactures a line of KardiaMobile personal ECG devices and had previously worked with Apple as a partner in providing a wrist-worn device that sent ECG data to a now-discontinued Apple watch. Apple began including its own FDA-cleared ECG in Apple watches beginning in 2018 with Series 4.

AliveCor also has filed antitrust litigation against Apple in the Northern District Court of California, which is expected to go to trial in early 2024.