The US Patent and Trademark Office’s Patent Trial and Appeal Board today invalidated a trio of AliveCor patents that AliveCor used in a complaint with the International Trade Commission, marking a victory for Apple. The patents all relate to heart rate monitoring technology used in AliveCor products.

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AliveCor filed a complaint with the ITC in April 2021 alleging that Apple infringed several of its patents with the Apple Watch, and an ITC judge ultimately ruled in AliveCor’s favor in June. At the time, the ITC issued an initial determination that Apple had infringed on AliveCor patent technology, which Apple is now appealing. If a final ruling determines that Apple has infringed on the patents, the ITC can issue an import ban on the Apple Watch.

Apple asked for a review of the claims in three of the patents that AliveCor is using against it, and the USPTO’s Appellate Board found that multiple claims in US Patent No. 10,638,941, US Patent No. be considered irreconcilable.”

In a statement to MacRumors Apple said the decision confirms that the patents AliveCor used against Apple for its ITC order are invalid.

We appreciate the Patent Trial and Appeal Board’s careful consideration of these patents, which have been found to be invalid. Apple’s teams work tirelessly to create products and services that empower users, including the industry-leading health, wellness and safety features we independently developed and incorporated into Apple Watch. Today’s decision confirms that the patents that AliveCor asserted in the ITC against Apple are invalid.

When a patent is invalid, it means that there can be no infringement of the patent, which will be included in the final ITC decision. The ITC will decide later in December whether there should be an import ban.

AliveCor and Apple have been embroiled in several legal battles, as AliveCor also filed an antitrust suit against Apple and Apple sued AliveCor for patent infringement.

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