Biden Administration Allows Import Ban on Apple Watch

The Biden Administration has decided not to intervene in an ITC ruling that bans import of the Apple Watch Series 9 and Apple Watch Ultra 2 into the United States.

Apple has been found guilty of infringing patents held by Masimo Corporation and Cercacor Laboratories with the Apple Watch's blood oxygen feature. On October 23, 2023, the ITC completed its investigation, ruling against Apple.

-
The Commission has determined to issue: (1) a limited exclusion order ("LEO") prohibiting the unlicensed entry of infringing wearable electronic devices with light-based pulse oximetry functionality and components thereof covered by certain claims of U.S. Patent Nos. 10,912,502 or 10,945,648 that are manufactured by or on behalf of, or imported by or on behalf of, respondent Apple, Inc. ("Apple") or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns; and (2) a cease and desist order ("CDO") directed against Apple and any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns.
-


The ruling was subject to a 60 day Presidential review period which ended yesterday. In a statement, the Office of the United States Trade Representative announced that it would not overrule the ban.

"On October 26, 2023, the U.S. International Trade Commission found that Apple, Inc. infringed two patents owned by Masimo Corporation and Cercacor Laboratories, Inc, both based in the United States. Since 2005, the Office of the United States Trade Representative has been delegated the President's authority under Section 337 of the Trade Act of 1930 to review the ITC's decision for a 60-day period. After careful consultations, Ambassador Tai decided not to reverse the ITC's determination and the ITC's decision became final on December 26, 2023."

Apple has now been forced to stop selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. Today the company filed an emergency request with the U.S. Court of Appeals for the Federal Circuit to halt the ban. It wants the ban paused at least until U.S. Customs and Border Protection decides on whether a redesigned version of its watches infringe Masimo's patents. The customs office is reportedly set to make a decision on January 12, 2024.

Notably, the Apple Watch is still available at third party retailers. The Apple Watch Series 9 is currently available at Amazon.com for $389 and the Apple Watch Ultra 2 is available for $779.


Please download the iClarified app or follow iClarified on Twitter, Facebook, YouTube, and RSS for more updates.