The US is very close to banning Apple Watch sales, but the reality is harder than you think

At this time in Apple Park, Joe Biden’s decision made a lot of noise. The President of the United States ratified a ruling by the International Trade Commission (ITC), which concluded in December that Apple Watch violated AliveCor patents. A situation that puts those from Cupertino dangerously close to a blockade on the importation of their smart watch in a North American country.

If Apple is forced not to import the Apple Watch into the United States, it will be a huge blow. This is, after all, it will directly affect your marketing. But the reality is that there are nuances that make the story much more complicated than you imagine.

It goes without saying that those on the bloc found themselves in an uncomfortable position following Biden’s decision. However, this is not a situation that they are completely unaware of. In 2013, for example, a long legal battle between Apple and Samsung brought the iPhone 4 and iPad 2 to the brink of a US blockade due to a similar situation. With the difference that on this occasion Barack Obama vetoed the decision of the International Trade Commission.

The situation for the Apple Watch today is more complicated than ever. But at least for now the final decision to block its imports is not far off. And we explain why.

Apple Watch in the spotlight for patent infringement AliveCor

AliveCor is a medical applied technology company. In 2015, the company gained a lot of attention when it showed off an Apple Watch band that allowed users to electrocardiogram will be performed directly from smart watch. The accessory, called the Kardia Band, was officially introduced in March 2016.

This device opened up new possibilities for wearable devices health oriented. After all, the fact that the watch could detect the signs that precede a heart attack or atrial fibrillation and notify them via mobile phone was presented as an extremely useful option and a very tempting selling point. Something that Apple was quick to identify.

At the time it was said that those from Cupertino and AliveCor they tried to make an alliance to learn how to use heart monitoring on Apple Watch. However, each firm went on its way, and nothing more was mentioned about it.

In 2018 with a presentation Apple WatchSeries 4, the ones on the block dealt a big blow: they included a built-in option to perform electrocardiograms. A feature that has been approved by the FDA, US Food and Drug Administration. According to Apple, your smart watch It was the first mass-market device to offer this feature and could be purchased by anyone without a doctor’s prescription.

Since then, heart monitoring sensors have become another element in the wide variety of functions of any modern smart watch. But AliveCor did not sit idly by and in 2021 accused Apple of stealing electrocardiogram technology to include it in the Apple Watch.. In particular, the company pursued those led by Tim Cook for infringement of three of its patents.

What will happen to Apple smartwatches in the US?

In December 2022, the US International Trade Commission ruled in favor of AliveCor, ruling that Apple did indeed use proprietary technology without permission. But not only that, but provided that the import of the Apple Watch into the North American market will be blocked due to said violation.. Then representatives of Cupertino publicly expressed their dissatisfaction and assured that the patents on which the case is based are invalid.

After the ITC ruled in favor of AliveCor, Apple had one bullet left: Joe Biden vetoed it. According to the instructions of this agency, the President of the United States He had 60 days to review the resolution and make a final decision.which ultimately contradicted the principles of Cupertino.

But from here things get a little more complicated. While it has been stipulated that Apple has infringed on AliveCor’s patents and that importation of the Apple Watch into the US should be blocked, the last will not be. At least for now. Because? Because another agency of the US government also plays a role in this story.

This is the US Patent and Trademark Office. In particular, from its Board of Patent Trials and Appeals, which came on the scene last December, ruling that all three patents allegedly infringed by Apple are invalid. AliveCor has filed an appeal against this determination, so while this process is ongoing, the Apple Watch Import Block remains suspended.

It is worth clarifying that the AliveCor case is not the first to threaten the sale of the Apple Watch. Earlier this year, a judge ruled that Apple infringed on Masimo’s patents relating to the light sensors in Apple’s pulse oximeter. smart watch.