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Biden Administration Upholds Import Ban on Certain Apple Watches in Patent Infringement Case

A person tries on an Apple Watch during an announcement of new products on the Apple campus on Sept. 12, 2023, in Cupertino, Calif. | Jeff Chiu/AP

In a recent decision, the Biden administration has chosen to uphold an import ban on specific Apple watches following a patent infringement case related to health care technology. The ruling, made by the U.S. International Trade Commission (ITC) in October, found that Apple, Inc. had infringed on two patents owned by Masimo Corporation and Cercacor Laboratories, Inc. The patents in question pertain to a blood oxygen sensor capable of reading a person’s pulse.

The decision to uphold the import ban was announced by U.S. Trade Representative Katherine Tai, who holds the authority delegated by the president to review and potentially overturn import ban orders imposed by the ITC under U.S. trade law. The ITC’s determination became final on December 26, 2023, after careful consultations by Ambassador Tai.

Apple, which has already appealed the ITC decision to the Federal Circuit, recently stated that it would cease selling the Series 9 and Ultra 2 versions of its popular watch while the legal challenge is ongoing. The company strongly disagreed with the USITC decision and expressed its commitment to taking all necessary measures to return the affected watches to U.S. customers.

A Masimo spokesperson hailed Tai’s decision as “a win for the integrity of the U.S. patent system,” emphasizing the benefits for American consumers who stand to gain from an ecosystem rewarding genuine innovation. Masimo, a company specializing in health monitoring watches, was one of the patent owners involved in the case.

ITC rulings of this nature can potentially be overturned by the president within 60 days, although such overrides are infrequent. The decision not to overturn the ban echoes a similar stance taken earlier this year when President Biden declined to overturn a patent ruling involving Apple and AliveCor, another medical device company. The import ban resulting from that case remains on hold due to ongoing litigation.

Apple, while denying the use of Masimo’s patent in its blood oxygen feature, has submitted a proposed redesign of its Series 9 and Ultra 2 watches for U.S. Customs approval. The company assures that there will be no impact on service for U.S. customers who purchased the watches before the recent decision.

As the technology giant navigates these legal challenges, the case highlights the intricate intersection of intellectual property rights, patent disputes, and the potential impact on consumers in the evolving landscape of technological innovation.

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