Apple Watch import ban comes into effect in US patent dispute

A US ban on imports of certain models of Apple smartwatches went into effect on Tuesday, after the Biden administration opted not to veto a ruling on patent infringements.

The United States International Trade Commission (ITC) decided in October to ban Apple Watch models due to a patented technology to detect blood oxygen levels.

Apple maintains that the ITC finding was a mistake and should be reversed, but last week it halted its U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2.

The measure went into effect in the online Apple Store on December 21, and retail stores will stop selling on December 24, just before the holidays.

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

Masimo maintains that he invented the technology and that Apple stole its employees to gain access to the knowledge.

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

Although the US president has the authority to reverse import bans, such actions are rarely taken.

Apple has been steadily improving fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.

In September, Apple launched its Apple Watch Series 9, touting increased performance along with features like the ability to access and record health data.

“We strongly disagree with the USITC’s decision and the resulting exclusion order, and we are taking every step 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 “wrongly attempted to use the ITC to maintain a product that could save the lives of millions of American consumers while making way for its own watch that copies Apple.”

In May, a trial over Masimo’s allegations ended in a mistrial after jurors failed to reach a unanimous verdict.

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

In November, U.S. regulators cleared Masimo to use its own prescription and over-the-counter wrist product.

Apple has argued that the company is using litigation to make way for its own Apple Watch-inspired products.