Apple’s smart watch could be banned from being imported into the United States after the federal government ruled that it violated a company’s patent, according to a report.
Certain models of the Apple Watch are in violation of a patent that was issued to Masimo, a medical tech firm that created a sensory device that measures blood oxygen levels.
Masimo filed a complaint against Apple two years ago alleging that the Cupertino, Calif.-based tech colossus included the sensor, a pulse oximeter, in most of the newer models of the smartwatch that have been manufactured since 2020.
The US International Trade Commission ruled in favor of Masimo on Thursday and determined that Apple was indeed in violation of a patent, according to The Wall Street Journal.
President Joe Biden’s administration will have 60 days to decide whether to veto the import ban based on policy concerns before it goes into effect. Presidents have rarely vetoed bans in the past.
Apple can appeal the ban to the US Court of Appeals for the Federal Circuit after the review period ends.
“Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of US consumers while making way for their own watch that copies Apple,” an Apple spokesperson told Reuters news agency.
“While today’s decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal.”
Masimo Chief Executive Officer Joe Kiani said the decision “sends a powerful message that even the world’s largest company is not above the law.”
The ITC decision did not specify which models of Apple Watches would be affected by the ban.
Masimo’s 2021 complaint said the 2020 Apple Watch Series 6, the first model with blood-oxygen monitoring capabilities, infringed its patents.
Masimo’s complaint said the infringing Apple Watches were made in China.
Apple has since shifted some of its Apple Watch production to Vietnam.
The ITC case is part of an intellectual-property fight between Apple and Masimo that spans several jurisdictions.
Irvine, California-based Masimo has accused Apple of stealing its technology and incorporating it into several Apple Watch models.
A jury trial on Masimo’s allegations in California federal court ended with a mistrial in May.
Apple has separately sued Masimo for patent infringement in federal court in Delaware.
It has called Masimo’s legal actions a “maneuver to clear a path” for its own competing smartwatch.
Apple is also facing an Apple Watch import ban in a separate patent dispute with medical technology company AliveCor.
The ITC issued a ban in February but placed it on hold during related proceedings over the validity of AliveCor’s patents.
Apple’s wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in $8.28 billion in revenue during the third quarter of 2023, according to a company report.
With Post Wires
This story originally appeared on NYPost
