Noah Johnson 
Dec 26, 2023
The Biden administration refrained from vetoing a government tribunal's decision to bar imports of certain Apple Watches following a complaint from medical technology firm Masimo.
The move, announced on Tuesday, upholds the US International Trade Commission's (ITC) order, slated to take effect on December 26, prohibiting imports and sales of specific Apple Watches employing technology allegedly infringing on patents related to blood-oxygen level readings.
This ban impacts Apple Watches which integrated the pulse oximeter feature, commencing with the Series 6 model released in 2020. Despite consultations, US Trade Representative Katherine Tai opted against overturning the ban, finalising the ITC's ruling on December 26.
Apple reserves the option to challenge this decision by appealing to the US Court of Appeals for the Federal Circuit.
In response, Apple has suspended sales of its Series 9 and Ultra 2 smartwatches in the US since the previous week. However, the ban does not extend to the Apple Watch SE, a more economical model, which will continue to be available. The restriction also does not impact previously sold watches.
Masimo has accused Apple of allegedly poaching its employees, misappropriating pulse oximetry technology, and incorporating it into the highly popular Apple Watch. A jury trial in California federal court regarding Masimo's claims ended in a mistrial in May. Apple, on the other hand, has counter-sued Masimo for patent infringement in federal court in Delaware, denouncing Masimo's legal manoeuvres as an attempt to pave the way for its competing smartwatch.
This decision marks the first time since 2013, during President Barack Obama's administration, that a presidential administration has refrained from vetoing an ITC ruling. Back then, the Obama administration overturned an import prohibition on Apple's iPhones and iPads amid a patent dispute with Samsung.
