Implications of the ITC Import Bound on Medical Devices: Apple vs Masimo in a U.S. Patent Case
After 3PM ET on December 21st, you won’t be able to buy the Apple Watch Series 9 or Ultra 2. The last day for pickup or delivery of these models from Apple’s retail stores is December 24th. The reason? The ITC has an import ban on medical devices following a patent dispute between the company and Masimo.
Right now, it’s unclear whether the ITC import ban will stand. During the review period, President Joe Biden will be able to veto the ban. Apple has benefited from presidential vetoes in the past. In 2013, former President Barack Obama vetoed an ITC import ban on the iPhone 4 and certain iPad models. The ITC ruled that Apple Watches would not be allowed in the US if they had a feature called the EKG. The president’s review period ends onDecember 25th so we will have to see if things have changed.
The patent battles between Apple and Masimo has been going on for a long time. Masimo is the inventor of the pulse oximeter. Masimo filed cases in the US District Court for the Central District of California and also with the ITC, accusing Apple of plagiarizing its pulse oximetry tech. This particular import ban is based on the latter.
The medical tech company Masimo was involved in a dispute with the suspension. As Engadget reports, Masimo sued Apple in 2021. The company alleged that Apple had infringed on one of its patents related to light-based blood-oxygen monitoring. The ITC upheld the judge’s ruling that Apple had violated the patents. The decision then led to a 60-day presidential review period, which expires on December 25. Apple is taking steps preemptively to comply.
Many smartwatches look alike and have similar features, so it’s rare for a company to successfully block the sales of a competitor by claiming patent infringement. In a case involving a patent, Fitbit tried to prevent the import of Jawbone products, but relented after realizing that they wouldn’t sell that many fitness trackers anyway. It is impossible to see this happening to Apple, a company that sells its best-selling watches all over the world.
