Apple Appeals Import Ban on Watches Following Biden Administration's Decision

Wed, Dec 27, 2023 1:32 PM on Latest, International,

Tech giant Apple has filed an appeal after the Biden administration opted not to veto a ban on the import of its watches, triggered by a complaint from medical monitoring technology firm Masimo. Apple submitted an emergency request to the U.S. Court of Appeals for the Federal Circuit on Tuesday, seeking to halt the ban until the U.S. Customs and Border Protection assesses whether redesigned versions of its watches violate Masimo's patents. The ban, imposed by the U.S. International Trade Commission (ITC), prohibits the import and sale of Apple Watches utilizing technology for blood-oxygen level readings.

Masimo alleges that Apple poached its employees, stole its pulse oximetry technology, and incorporated it into the widely popular Apple Watch. Despite Apple's appeal and request to pause the ban, the ITC's decision became final on December 26, as confirmed by the U.S. Trade Representative's office. Apple maintains its disagreement with the USITC decision and vows to take all necessary measures to return affected watch models to U.S. customers at the earliest.

The ITC, last week, rejected Apple's plea to suspend the ban during the appeal process. Although companies typically settle such disputes, Apple, in this case, appears determined to navigate the legal process, possibly aiming to design around the patents swiftly. The ban affects Apple's Series 9 and Ultra 2 smartwatches, with sales halted in the U.S. since last week. However, the ban does not impact the less-expensive Apple Watch SE, which will continue to be available.

This legal battle follows a mistrial in a California federal court jury trial on Masimo's allegations in May. Apple, in turn, has filed a separate patent infringement lawsuit against Masimo in federal court in Delaware. Analysts predict that an Apple appeal could extend the final ITC case verdict by roughly another year. The Biden administration's decision not to veto the ITC ruling marks a departure from precedent, as the last such veto occurred in 2013 during the Obama administration's patent dispute with Samsung.

Source: REUTERS