US import ban on certain Apple Watch models takes effect over patent clash

A US import ban on certain models of the Apple Watch was implemented on Tuesday, following the Biden administration's decision not to overturn a ruling on patent infringements. The United States International Trade Commission (ITC) had determined in October to prohibit the import of Apple Watch models due to a patented technology for detecting blood-oxygen levels. Apple argues that the ITC's decision was erroneous and should be overturned, but it has temporarily halted its US sales of the Apple Watch Series 9 and Apple Watch Ultra 2. The ban originated from a complaint lodged with the commission in mid-2021, accusing Apple of infringing on Masimo Corp’s patented technology for light-based oximetry functionality.

After thorough consultations, Ambassador Katherine Tai chose not to overturn the ITC's decision, which became final on December 26, 2023. Apple has been consistently enhancing the fitness and health features of its Apple Watch with each new generation, dominating the smartwatch category. In September, Apple launched its Apple Watch Series 9, boasting improved performance and features such as the ability to access and log health data. Apple expressed strong disagreement with the USITC decision and the resulting exclusion order, vowing to take all necessary steps to reintroduce the Apple Watch Series 9 and Apple Watch Ultra 2 to US customers as soon as possible.

Apple accused Masimo of wrongfully using the ITC to prevent a potentially life-saving product from reaching millions of US consumers, while paving the way for their own watch that replicates Apple's design. In May, a trial concerning Masimo’s allegations concluded in a mistrial after the jury failed to reach a unanimous verdict. Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology. The US International Trade Commission ruled earlier this year that the Apple Watch infringes on two Masimo patents related to blood-oxygen sensing and imposed an import ban on the Ultra 2 and Series 9 models. Apple lodged an appeal on Tuesday, along with an emergency request for the US Court of Appeals for the Federal Circuit to suspend the ban. It requested the Federal Circuit to delay the ban until US Customs and Border Protection determines whether redesigned versions of its watches infringe Masimo’s patents, and to suspend the ban while the court considers Apple’s request. The customs office is scheduled to make its decision on January 12, 2024.