Apple says it'll fight a potential Apple Watch ban and history suggests
it'll succeed

Date:
Thu, 23 Feb 2023 12:28:54 +0000

Description:
Apple is fighting several legal battles that could see the Apple Watch banned in the US, but history suggests that won't happen.

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Apple is currently embroiled a legal battle in the US against AliveCor over the Apple Watchs ECG functions; a battle which could see some of the best smartwatches banned from being imported and sold in the country.

AliveCor alleges that Apple has infringed on its patents for heart-monitoring medical devices, and that infringing products (like the Apple Watch 8) shouldnt be sold in the US, with the USs International Trade Commission (ITC) ruling in its favor on this front.



Whats more, President Biden recently decided not to veto the ITCs decision which would have granted Apple an instant win. While these kinds of vetos are rare, President Obama did veto an import ban on iPhones and iPads after the ITC ruled that Apple had infringed on Samsungs patents.

However, Apple has so far avoided a ban, as it still has a few factors going in its favor. For one, Apple has told TechRadar that it will appeal the ITCs decision an appeal it could win and for another, the Patent Trial and
Appeal Board (PTAB) has ruled that key patents in AliveCors ITC case are invalid (i.e., they're inventions that should not be patentable). AliveCor
is, understandably, appealing the PTAB decision, but while these appeals are being resolved Apple Watches won't be banned in the US.

And if history is anything to go by, Apple will likely succeed in preventing
a ban being imposed on its smartwatches, whether it wins the legal battle or not. Losing the battle, winning the war

Apple is no stranger to patent disputes, having engaged with Samsung, Motorola, Qualcomm, and others in the US and UK over the use of patented
tech. Its lost and settled its fair share of cases too, but it hasnt yet been hit with an outright ban on the sale of its devices. Older options like the Apple Watch 6 could be impacted by decisions too (Image credit: Apple)

In the UK, Apple lost its appeal against a ruling that it was infringing on tech developed by a company called Optic Celluar Technology, and in the US it settled with Qualcomm over apparent patent infringements Apple had made on Qualcomms tech. In the Optis case, the Judge ruled that Appel would simply need to take out a global license on the patented tech, and as part of its settlement with Qualcomm Apple agreed to a six-year licensing agreement.

Based on these cases, if Apple does lose its legal battles against AliveCor
it may be able to avoid an Apple Watch ban if it simply licenses the tech
it's been accused of stealing. Alternatively, if this isnt possible Apple could win by simply changing the tech in future Apple Watches.

Legal disputes like these can drag on for years. In its fight against
Samsung, Apple began litigating in 2011 and a ruling wasnt decided until
2016, while the Optis case was initially brought in 2019, but the most recent appeal decision was handed down at the end of 2022.

So unless they settle, Apple and AliveCor will likely be arguing and
appealing for a while longer giving Apple plenty of time to develop and launch new Apple Watches. Apple could design these new wearables to avoid any restrictions imposed as a result of the dispute, by using different ECG tech or omitting ECG functions altogether. The Apple Watch SE might avoid bans as it lacks some of the problematic tech (Image credit: Apple) A war on multiple fronts

Well have to wait and see what legal decisions are reached, but it's very likely that youll still be able to buy some kind of Apple smartwatch in the US, no matter the outcome of the Alivecor vs Apple case. However, AliveCor isnt Apples only worry.

Apple Watch is also being sued over Apple Watch tech by Masimo, which claims the blood oxygen sensors in the Apple Watch 6 and later are infringing on its patents. As in the AliveCor case, the ITC has ruled in Masimos favor, with a decision on an import ban expect to land in May this year.

As Apple continues to try to upgrade the health tech inside its devices it's recent taken steps towards developing prickless blood glucose monitoring, for example we wouldnt be surprised to see more disputes crop up, with Apple
both suing and being sued. The decision reached by the ITC in the AliveCor
and Masimo cases could establish a pattern of how similar disputes are
decided going forward.

We'll be keeping an eye on the various cases, and if any decisions do look likely to impact your current or future Apple Watch we'll be sure to keep you updated. Fitbit owners are furious as Google axes even more key features



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Link to news story: https://www.techradar.com/news/apple-says-itll-fight-a-potential-apple-watch-b an-and-history-suggests-itll-succeed


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