US Patent Dispute Results in Implementation of Import Ban on Apple Watch

A US import ban on certain Apple smartwatch models went into effect on Tuesday after the Biden administration decided not to veto the patent infringement ruling.

The US International Trade Commission (ITC) decided in October to ban Apple Watch models due to the patented blood oxygen detection technology.

Apple claims the ITC’s finding was incorrect and should be reversed, but last week suspended sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the US.

The move went into effect at Apple Stores on December 21st, and retail outlets stopped selling on December 24th – just before the holidays.

The order stemmed from a complaint Masimo Corp filed with the commission in mid-2021, in which the medical device maker accused Apple of infringing “light-based oximetry functionality.”

Masimo claims he invented the technology — and that Apple poached its employees to gain access to the information.

“After careful deliberations, Ambassador (Katherine) Tai decided not to reverse the … determination and the ITC’s decision became final on December 26, 2023,” the president’s office said in a statement on Tuesday.

Although the US president has the power to lift import bans, such actions are rarely taken.

Apple has consistently added fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.

In September, Apple released the Apple Watch Series 9, touting improved performance and features such as the ability to access and record health data.

“We strongly disagree with the USITC’s decision and the resulting exclusion order and will take all steps to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as soon as possible,” Apple said in a statement on Tuesday.

At the time of the original decision, Apple said Masimo had “attempted to abuse the ITC to keep a potentially life-saving product from millions of US consumers while making room for its own watch that copies Apple.”

In May, the trial over Masimo’s allegations ended in a mistrial when the jury could not reach a unanimous verdict.

Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.

In November, US regulators gave Masimo permission to use its own wrist product for prescription and over-the-counter use.

Apple has claimed that the company is using the lawsuits to gain space for its own Apple Watch-inspired products.