Apple Watch may be banned in the United States

The prospect of a ban on importation of newer-model Apple Watches into the United States has grown after President Joseph Biden affirmed an International Trade Commission finding on patent infringement (ITC).

The ITC reached a final ruling in December 2022 that Apple had infringed on wearable electrocardiogram (ECG/EKG) patents owned by medical equipment firm AliveCor.

It suggested a limited exclusion order (LEO) and a cease-and-desist order for Apple Watch models with ECG capabilities.

President Joseph Biden could have vetoed the order, as previous President Barack Obama did with a similar restriction suggested for iPhones and iPads in 2013 after Apple infringed on Samsung technology.

According to a statement issued by AliveCor on Tuesday, the LEO has passed presidential inspection.

If the ban is implemented, Apple will be prohibited from importing many years’ worth of Apple Watch devices for sale in the United States.

The Watch Series 4 and later releases, including the newest Watch Series 8 and Watch Ultra variants, incorporate AliveCor’s patents.

The only current versions that lack ECG capabilities are the low-cost Apple Watch SE variants.

Apple does not presently manufacture any of its technology goods in the United States, therefore American consumers will be disappointed.

It would basically be limited to selling the smartwatches it had previously imported at the time the ban went into force.

According to an Apple representative, the company intends to challenge the ITC’s judgement in US Federal Court.

Even if Apple’s Federal Court lawsuit is unsuccessful, there is no certainty that the prohibition will be implemented.

The Patent Trial and Appeal Board recently concluded that AliveCor’s ECG technology was not legitimately patentable, and the business has challenged the decision.

Apple’s prospects are harmed by a second smartwatch patent challenge.

Nevertheless, Apple is facing a huge patent lawsuit from wristwatch company Masimo, which may possibly stymie imports.

The business sued Apple for utilising five of its pulse oximetry patents in Apple Watches with a blood oxygen (or SpO2) sensor, which will encompass all models beginning with the Watch Series 6 and ending with the Watch SE versions.

While the ITC found in Masimo’s favour, it will not rule on whether an import restriction is justified until May 2023.

Apple has experienced multiple allegations of patent trolling, in which people or corporations accuse the company of utilising their patented technology in its goods despite the accusers failing to provide proof of using or developing the patent for an actual product.

Nonetheless, AliveCor and Masimo are actual businesses that employ their intellectual property to create products, so their allegations do not appear to be frivolous.