ITC Issued Limited Exclusion Order on Apple Watches, Pending PTAB Ruling
The International Trade Commission has determined to issue a limited exclusion order and a cease and desist order against imported Apple Watches for patent infringement (ITC Inv. No. 337-TA-1266) but suspended the enforcement pending a patent decision by the Patent and Trademark Office's Patent Trial and Appeal Board, it said in a notice released Dec. 29.
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The investigation follows a 2021 AliveCor complaint alleging imported Apple watches violated three patents covering wearable electrocardiogram devices (see 2105250020). The commission in June issued the final initial determination finding Section 337 violations with regard to two of the three patents. Apple filed for review, which the commission granted, focusing on patent invalidity claims.
In December, Apple filed an emergency motion, asking the commission to suspend any remedial orders or, in the alternative, to extend the Dec. 12, 2022, target date and stay all proceedings pending final resolution of any appeal of the PTAB’s decisions regarding the patentability of the assessed claims. The commission proceeded with its final determination but granted Apple's request in part by staying enforcement until the PTAB's final decision.