AliveCor Praises Apple Watch Ban Amid Its Own Health Tech Patent Dispute With Apple
Health technology company AliveCor has praised the International Trade Commission (ITC)'s ban on sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States.
AliveCor, like Masimo, accuses Apple of violating its patents related to heath technology used in the Apple Watch. While Masimo's fight focuses on the Apple Watch's blood oxygen sensing capabilities, AliveCor contends that Apple is in breach of patent with its ECG technology.
AliveCor demonstrated a prototype Apple Watch band with a built-in ECG sensor to Apple in 2015. Apple then unveiled its own built-in ECG technology in 2018 with the Apple Watch Series 4, leading AliveCor to argue that Apple had stolen its technology and request that the ITC bans Apple Watch sales in the United States. AliveCor also initiated an antitrust lawsuit against Apple, alleging that it was making it needlessly difficult for third-party apps to access the Apple Watch's heart rate data.
In a statement to 9to5Mac, AliveCor expressed its support for Masimo and praised the move to ban Apple Watch sales:
This is the second time in less than 12 months President Biden has allowed an International Trade Commission Limited Exclusion Order (LEO) to stand against imports of Apple Watches that violate the patents of small U.S. innovators. Earlier this year, AliveCor's patent for its FDA-cleared personal electrocardiogram (ECG) technology was similarly affirmed and we share our support today for Masimo's tenacity in its face off with Apple. Innovator companies and health consumers alike should be encouraged that industry giants are increasingly being held accountable for anticompetitive practices that would ultimately limit access to potentially life-saving technology.
The ITC ruled in favor of AliveCor's patent infringement claims, but the case did not result in a ban on Apple Watch sales as AliveCor hoped. Unlike AliveCor, Masimo argues that Apple actively hired its engineers and key executives to steal technology.
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Top Rated Comments
Masimo is not a patent troll. They make medical devices, have for years, and have been producing SpO2 sensors longer than Apple has been using them. We use 20-50 of the Masimo sensors daily here at work (hospital). Every single hospital in North America uses their devices...and that's not an exaggeration.
What makes you think the Supreme Court would even take up this case?
Both companies are large businesses. Masimo is a 35 year-old $7-10 billion company with around 10k employees; they aren't as big as Apple, but they aren't tiny. In addition, they are well-liked and respected in the medical devices community; look for several other big medical companies, with very very large pockets, to come to their defense/aid if it makes it that far.
I will say again, they are not a patent troll. A patent troll is a company that holds a patent but never builds, or has any intention, of building a devices based on said patent, but enforces their rights to it.. Masimo produces more of these sensors in a week than Apple does in a year, and have been selling them for longer than the Apple watch has had said sensors. I would have to check, but I think they have been producing them longer than the Apple watch has existed as a whole.
They even opened a building down the street from Masimo so their employees wouldn't have to uproot their families if they joined Apple.
In this situation, Apple thought they'd get away with it and I'm glad they're not. Don't think for even one second that Apple would let another company do this to them when they infringe an Apple patent, of which Apple files between 5,000 and 9,000 patents per year.