MONTHLY ROUND-UP The Dutch subsidiary of Air France, KLM, is being sued by various environmental groups over greenwashing allegations. A US judge has ruled that Apple Watches violate AliveCor Inc’s patent rights in wearable devices with electrocardiogram (ECG) technology. DUTCH AIRLINE KLM SUED OVER ALLEGED GREENWASHING APPLEWATCH IMPORTBAN ON THE CARDS AFTER JUDGE FINDS PATENT INFRINGEMENT The groups are suing over KLM’s advertising campaign “Fly Responsibly”, which they claim breaches European consumer law by misleading the public over how sustainable the airline’s flights are. The lawsuit was filed on Wednesday by Dutch campaigners Fossielvrij NL, backed by environmental law charity ClientEarth and Reclame Fossielvrij. KLM asserts it has invested millions of euros AliveCor accused tech giant Apple of infringing three patents related to its KardiaBand, which monitors its wearer’s heart rate, detects irregularities, and identifies potential atrial fibrillation through ECG. The judge’s ruling establishes a vote by the full commission that may well see an import ban imposed on the Apple device. A final decision is expected by 26 October. “Today’s ruling is a strong validation of our IP and underscores that patents matter and even an influential company like Apple cannot simply violate them to stifle innovation,” said in a push toward a more environmentally friendly air fleet and is aiming for net-zero carbon emissions by 2050. The Dutch airline attempted to resolve the issue with the groups prior to the suit being filed, though it came up short. Speaking to Reuters, the airline said, “It would certainly not be in our interests to misinform our customers. It’s our responsibility to make future travel as sustainable as possible.” “We believe that our communications comply with the applicable legislation and regulations.” LM Priya Abani, CEO of AliveCor in a statement. “Since the start, our focus has been on our customers and providing them with strong choices to help monitor their cardiac health, including KardiaBand, the first-ever FDAcleared ECG device accessory for Apple Watch.” While the president of the US has the power to veto an import ban, this is something that seldom occurs. Once the presidential review period concludes, parties can appeal the ban to the Federal Circuit. LM 7 AUG 2022 | WWW.LAWYER-MONTHLY.COM
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