Apple Watch may be banned from entry into the U.S.،
By Reuters, the Apple Watch is facing an import ban that could prevent the device from being shipped to the United States. On Thursday, the US International Trade Commission (ITC) ruled that the watch infringed patents owned by medical technology company Masimo. The ITC upheld a judge’s ruling earlier this year that Apple violated Masimo’s intellectual property rights to technology that measures an Apple Watch user’s blood oxygen level .
This measures the percentage of oxygen present in an Apple Watch user’s blood compared to the maximum amount that can be carried. Most healthy individuals will have a reading between 96% and 99%. The ITC ruling does not indicate which Apple Watch models would be affected by the ban. Masimo’s initial complaint in 2021 stated that the Apple Watch Series 6, the first model to include a blood oxygen sensor, had infringed its patents. Last September, Apple launched the Apple Watch Series 9 and Watch Ultra 2.
The blood oxygen sensor at work on the Apple Watch
While the initial complaint states that the Apple Watch is made in China, Apple has since moved some of its production to Vietnam.
Despite the ITC’s ruling, the Biden administration will have 60 days to review the order and decide whether to veto it. While in the past presidents have generally allowed an import ban to be enforced, in 2013, President Barack Obama vetoed a product ban against Apple that would have resulted in a ban on U.S. imports of versions AT&T for iPhone 3GS, iPhone 4, iPad 3G and iPad 2. 3G and iPad 3.
At the time, only the iPhone 4 and iPad 2 3G were marketed by Apple. In this situation, Samsung had won a lawsuit claiming that Apple had violated certain patents of the manufacturer.
Once the 60-day review period ends, Apple may appeal to the United States Court of Appeals for the Federal Circuit. An Apple spokeswoman said: “Masimo wrongly attempted to use the ITC to deprive millions of American consumers of a potentially life-saving product, while paving the way for their own watch that copies Apple. Although today’s decision will not have an immediate impact on Apple Watch sales, we believe this situation should be overturned and we will continue our efforts to appeal. »
Joe Kiani, CEO of Masimo, said the move “sends a powerful message that even the world’s largest company is not above the law.” Apple filed a separate patent infringement lawsuit against Masimo in Delaware and called Masimo’s legal actions a “move to pave the way” for its own smartwatch.
The Apple Watch also faces an import ban in a separate case involving AliveCor. In February, the ITC issued a ban against the Apple Watch after the president upheld the decision. However, the decision was stayed so that proceedings could take place to determine the validity of AliceCor’s patents. The company alleges that the Apple Watch’s electrocardiogram (ECG) sensor infringes several of its patents.
