On Friday, the Federal Circuit upheld the cancellation by the Patent Trial and Appeal Board (PTAB) of claims from three AliveCor patents, including the claims that had formed the basis of AliveCor’s win against Apple before the International Trade Commission (ITC) in 2022. The appeals court ruled that the PTAB’s obviousness findings are supported by substantial evidence and that AliveCor failed to preserve its evidentiary argument concerning secondary indicia of nonobviousness by not raising it with the Board. It has ordered the ITC to dismiss the results of its investigation as now moot.

AliveCor, Inc. has followed up its December 2020 case, filed in the Western District of Texas against Apple, with a complaint filed before the International Trade Commission (ITC) proposing Apple as the respondent and targeting “wearable electronic devices with ECG capability and components thereof”. The district court saw three patents, generally related to monitoring for heart arrhythmia with a mobile computing device, asserted, with Apple watches featuring an electrocardiogram (ECG) app as the accused products.

AliveCor, Inc., described as a leader in “AI-based personal ECG technology and provider of enterprise cardiology solutions”, has filed its first lawsuit, against Apple (6:20-cv-01112) in the Western District of Texas. Three patents, generally related to monitoring for heart arrhythmia with a mobile computing device, are asserted, with AliveCor targeting the defendant over Apple watches that feature the electrocardiogram (ECG) app.