AliveCor has suffered a setback in its long-running patent case against Apple. The US Court of Appeals for the Federal Circuit has upheld a decision that the medical device maker's EKG patents are not actually patentable.

This decision means that the Apple Watch won't face a second import ban from the International Trade Commission (ITC). The back and forth between AliveCor and Apple began in 2021, when AliveCor went to the ITC claiming Apple had infringed on its EKG patents.

The ITC ruled in AliveCor's favor, recommending an import ban that would've prevented the sale of Apple Watches with the EKG feature in the US. However, it didn't immediately go into effect because the Patent Trial and Appeal Board also ruled that the three patents in question weren't valid.

For the import ban to go forward, AliveCor would've had to win its appeal of the PTAB decision — which it didn't. AliveCor's chief business officer, Sanjay Voleti, expressed disappointment with the Court's decisions and stated that the company will continue to explore all available legal options to defend its position.

Apple, on the other hand, thanked the Federal Circuit for its careful consideration in the case. The company's spokesperson, Fred Sainz, stated that Apple's teams have worked tirelessly to develop industry-leading health, wellness, and safety features that meaningfully impact users' lives, and the company intends to stay on this path.

AliveCor used the same legal strategy as Masimo, another medical device maker. However, Masimo was successful in its bid to get an ITC import ban against the Apple Watch. The main difference is Masimo's patents were over the Apple Watch's blood oxygen sensor, not its EKG tech. To get around the ITC import ban, Apple now disables the blood oxygen sensor in Apple Watches newly sold in the US.