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The Courts Apple

Apple Watch Is Cleared By the CBP of Infringing On the ECG Patent (cbp.gov) 20

Slashdot reader Kirschey writes: The U.S. Customs and Border Protection determined that the redesigned Apple Watch models do not violate AliveCor's electrocardiogram patents, allowing them to be imported. This decision comes before a consolidated hearing at the Federal Circuit Court regarding the same patents.
From the decision: We find that Apple Inc. ("Apple") has met its burden to show that certain redesigned wearable devices ("articles at issue") do not infringe one or more of claims 12, 13, and 19-23 of U.S. Patent No. 10,638,941 ("the '941 Patent") and claims 1, 3, 5, 8-10, 12, 15, and 16 of U.S. Patent No. 10,595,731 ("the '731 Patent). Thus, CBP's position is that the articles at issue are not subject to the limited exclusion order that the U.S. International Trade Commission ("Commission" or "ITC") issued in Investigation No. 337-TA-1266 ("the underlying investigation" or "the 1266 investigation"), pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 ("Section 337").
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Apple Watch Is Cleared By the CBP of Infringing On the ECG Patent

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  • "Customs enforcement actions relating to patents are limited insofar as Customs
    is without legal authority to determine patent infringement. Customs does,
    however, enforce exclusion orders and seizure orders issued by the U.S.
    International Trade Commission (“ITC”).

    https://www.cbp.gov/sites/defa... [cbp.gov]

    This is the point of the Chevron decision. One federal agency making its rules based on its interpretations of the rules of another federal agency, ad infinitum.

    Fine if there is enough deference to the l

  • Glad Apple found a way out. This was a stupid fight. They both operate in separate markets and there is little to no customer overlap.
    • by drnb ( 2434720 )

      Glad Apple found a way out. This was a stupid fight. They both operate in separate markets and there is little to no customer overlap.

      That does not matter. The original patent holder was free to move into the market Apple occupies. Apple legally needed to either license the patent or to develop a workaround that did not infringe on the patent. The latter happens all the time.

    • They both operate in separate markets and there is little to no customer overlap.

      Patents don't take into account what market(s) a product occupies. Perhaps you're thinking of trademarks where markets do matter.

  • by cliffjumper222 ( 229876 ) on Saturday July 13, 2024 @02:06PM (#64623419)

    Just a shout out to the engineers who worked to make this happen - you've earned your pay. Working around patents is something that has to be done sometimes, and in this case they cracked it. I haven't studied the '941 Patent, but there's a rule of thumb that if your claim is more that 3 fingers deep (when printed in the usual patent format), you can probably find a way around it. It's the short, succinct claims that scare the &%^$ out of you. I'm sure the attorneys did a lot too - getting this ruling is just magical.

    • by ceoyoyo ( 59147 )

      The patent is pretty short and stupid. I expect they got around it because this patent itself looks like it was carefully written to fit in the cracks between a bunch of other dumb "but on a smartwatch" patents.

    • Does anyone know if the workarounds provide results that are equally reliable, precise, and accurate as the original? If so, then a big congrats. Otherwise, then Apple is offering a degraded product rather than license the patents to a better technology.

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