Apple Watch might face import ban within the US, right here’s why

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Apple Watch might face import ban within the US, right here’s why



The US Worldwide Commerce Fee (ITC) issued an order that would stop Apple from importing its Apple Watches because of patent infringement towards medical expertise firm Masimo.
The fee upheld a decide’s ruling from January, which discovered that Apple violated Masimo’s patent rights in relation to light-based expertise used for studying blood oxygen ranges.Nevertheless, the choice is not going to have a direct impact because it should undergo presidential evaluate and attainable appeals.
Masimo Chief Govt Officer Joe Kiani stated the choice “sends a strong message that even the world’s largest firm isn’t above the legislation.”
The Biden administration has 60 days to resolve whether or not to veto the import ban based mostly on coverage considerations earlier than it goes into impact, though presidents have not often vetoed bans up to now.
Apple additionally has the choice to enchantment the ban to the U.S. Court docket of Appeals for the Federal Circuit as soon as the evaluate interval ends.
“Masimo has wrongly tried to make use of the ITC to maintain a probably lifesaving product from thousands and thousands of U.S. customers whereas making means for their very own watch that copies Apple,” an Apple spokesperson stated. “Whereas in the present day’s choice has no fast impression on gross sales of Apple Watch, we consider it needs to be reversed, and can proceed our efforts to enchantment.”
Apple’s patent ‘downside’ over Watch
In 2013, Apple tried to companion with Masimo. Nevertheless, Masimo’s CEO claimed that Apple had ulterior motives because it needed to poach its staff. Later that 12 months, Apple recruited a number of staff from Masimo, together with the chief medical officer, by providing them excessive salaries. These staff had entry to confidential data and commerce secrets and techniques belonging to Masimo.
Masimo, which considers itself the “inventor of contemporary pulse oximeters,” provides its expertise to many hospital tools.
In 2020, Masimo filed a lawsuit towards Apple for stealing commerce secrets and techniques and requested a ban on the sale of Apple Watches within the US. A 12 months later, the corporate accused Apple of patent infringement. The corporate claimed that Apple infringed on 10 of their pulse oximeter patents in the course of the launch of the Watch Sequence 6.
In January this 12 months, the US Worldwide Commerce Fee (ITC) dominated that Apple violated solely one in every of Masimo’s patents associated to light-based pulse oximetry however didn’t infringe on the opposite 9 patents. Now, ITC has upheld the court docket’s ruling, which might ban the import of Apple Watches Sequence 6 and newer fashions. Nevertheless, the order didn’t specify precisely which fashions of Apple Watches could be affected by the ban.
Apple is dealing with a second import ban for its Apple Watch because of a separate patent dispute with medical expertise firm AliveCor. The ban was issued by the Worldwide Commerce Fee (ITC) in February, but it surely has been placed on maintain whereas associated proceedings are ongoing to find out the validity of AliveCor’s patents.



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