A hard blow for the apple brand. The ban on several models of Apple's smartwatch due to patent infringement went into effect in the United States on Tuesday, with President Joe Biden's administration opting not to veto the decision.
The U.S. International Trade Commission (ITC) recommended on October 27 that several models of the Apple Watch be banned in the United States, accused by medical device manufacturer Masimo of copying its technologies for detecting blood oxygen levels. "After extensive consultations," Trade Representative Katherine Tai "decided not to oppose the ITC's decision, which became final on December 26, 2023," her office said in a statement Tuesday.
The Apple Watch Series 9 and Ultra 2 are officially banned in the U.S.Today, the Biden administration announced it would not veto the ITC's import ban, making it official.
The ban is as a result of a patent dispute between Apple and Masimo
Apple has filed an appeal and is... pic.twitter.com/OQkhnqKlA0
— Apple Hub (@theapplehub) December 26, 2023
The ITC found that Apple had "infringed two patents held by Masimo Corporation and Cercacor Laboratories," they said. The U.S. government had sixty days from the ITC's decision to object, which it rarely does.
'Deep disagreement'
Apple had announced on December 18 the suspension of the sale in the United States of the Apple Watch Series 9 and Apple Watch Ultra 2, in order to "comply with the decision if it were to be confirmed," explained a spokesperson for the group. They are no longer available since December 21 on its website and since December 24 in stores.
But the group felt at the time that the American body was wrong and that its decision should be overturned, which it said it was ready to take to court. "We are taking all necessary steps to be able to re-offer Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible," the company said in a statement Tuesday, reiterating its "strong disagreement" with the U.S. authorities' decision.
Two legal actions
Masimo had filed a complaint with the ITC in 2021 about the Apple Watch 6, a model that went on sale in 2020 with a function to measure the level of oxygen saturation of the blood, copying, according to the medical device company, one of its patented technologies.
In November, the company got the green light from U.S. regulators to sell its own product on the wrist by prescription or self-service. "The decision to exclude certain models from the Apple Watch made abroad proves that even the most powerful company in the world must comply with laws protecting intellectual property rights," a Masimo spokesperson said on Dec. 18, after Apple's announcement.
In turn, Apple launched two patent infringement lawsuits against Masimo at the end of 2022, accusing it of copying the technology of its smartwatches. "Masimo has improperly tried to use the ITC to prevent millions of American consumers from having access to a product that could save their lives, while making room for its own watch that copies Apple's," the Cupertino group charged in late October.