Will the Apple Watch be banned? The future of the Apple Watch's EKG feature is uncertain after medical device maker AliveCor won a patent infringement lawsuit against Apple. President Biden's decision supports an International Trade Commission (ITC) ruling that could result in a ban on imports of the Apple Watch. What does this mean for the future of wearable health technology?
Will the Apple Watch be banned? Apple's favorite smart watch could face an uncertain future due to a recent ruling by the International Trade Commission (ITC). The decision, supported by President Biden, found that Apple infringed on AliveCor's wearable EKG technology. The ITC recommended a limited exclusion order and a cease-and-desist order for the designs Apple Watch with ECG features, which could mean that Apple will no longer be able to import Apple Watch with US ECG capabilities for sale.
Executive Director AliveCor – Priya Abani expressed her approval of the judgment and stated that they welcome “the ITC judgment and urge Apple to liability for infringement of patents supporting our leading ECG technology.” However, an Apple spokesperson said the company plans to appeal the Federal Circuit's decision.
Photo: Unsplash / Alena Plotnikova
Will the Apple Watch be banned?
The ruling does not necessarily mean that all Apple Watches with ECG functions will disappear from the shelves. According to an Apple spokesperson, the ITC's ruling currently has no real impact because the Patent Trial and Appeal Board recently ruled that AliveCor's EKG technology is effectively unpatentable. AliveCor would need to win an appeal of this ruling for any possible ban to take effect.
That's not the only patent battle it faces, though Apple. Another medical technology company, Masimo, also sued Apple for alleged infringement of five of its patents for pulse oximetry. If Masim's case succeeds, it could lead to a possible import ban on any Apple Watch with the sensor SpO2 (i.e. 6 series or later, excluding SE).
Generally patent battles not unusual, but given the popularity of the watch Apple Watch and the size of Apple's financial resources makes it unlikely that the import ban will actually be implemented. However, it could set a legal precedent with far-reaching implications for how wearable device makers approach future health technology features, including blood pressure and blood glucose monitoring. The addition of licensing and patent battles could add another layer of complexity to the development of wearable health features.
