Government

Apple Seeks Reversal of Smartwatch Import Ban in Patent Dispute with Masimo

Published December 27, 2023

In the ongoing patent battle with Masimo, a medical technology firm, Apple has called upon the Biden administration to overturn a recent smartwatch import ban. Apple, the tech titan known for its iPhones and smartwatches, made this appeal directly following a decision by the White House to permit the enforcement of a government tribunal's ruling against the importation of certain Apple watches.

Understanding the Import Ban Decision

Apple's situation worsened when the White House opted not to intervene in the ban on sales and imports of the latest Apple Watch models, notably the Series 9 and Ultra 2. This ban, which seeks to protect Masimo's interests, alleges that Apple infringed on patents through illicit recruitment of staff and misappropriation of technology.

Anticipating the impact, Apple preemptively removed the affected smartwatch models from its US online and physical stores, although these products continue to be available internationally.

The White House Stands by USITC Ruling

After a two-month presidential review period which concluded on Christmas, the United States Trade Representative's Office affirmed the October ruling of the US International Trade Commission (USITC). This announcement, overseen by Ambassador Katherine Tai, came after exhaustive discussions on the matter.

In response, Apple has pressed for a postponement of the ban to allow Customs and Border Protection to evaluate redesigned versions of the smartwatches. These new models purportedly do not contain the disputed technology and may therefore circumvent any infringement on Masimo's patents. A determination by the CBP is expected by January 12th.

Apple's request to the US Court of Appeals is urgent as it seeks to remove the ban. The company has communicated its commitment to quickly return the Apple Watch Series 9 and Apple Watch Ultra 2 to American consumers.

Apple Versus Masimo's Claims

Masimo accuses Apple of unethical recruitment practices and theft of proprietary technology, particularly that which pertains to the monitoring of blood oxygen levels. As a result of the ban, most Apple smartwatches that have offered the blood oxygen feature since 2020 are affected, with the SE model and older versions being the exceptions.

Masimo is lauding the White House's decision as a validation of the strength and fairness of the US patent system, and as an acknowledgement of the rights of innovators to receive rewards for their contributions in consumer technology.

Apple, Masimo, Patent