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Executive Order Authorizes Apple Watch Import Ban By Biden
The 411
In light of an ITC ruling that prohibits the importation of the Apple Watch Series 9 and Apple Watch Ultra 2 into the United States, the Biden Administration has decided not to intervene.
Masimo Corporation and Cercacor Laboratories have filed patent infringement lawsuits against Apple for the blood oxygen feature of the Apple Watch. The ITC concluded its investigation on October 23, 2023, and rendered a decision to Apple’s detriment.
The Commission has decided to issue a limited exclusion order (“LEO”) which forbids the unlicensed entry of infringing wearable electronic devices featuring light-based pulse oximetry functionality and components thereof subject to specific claims of U.S. Patent Nos. 10,912,502 or 10,945,648.
These devices are either manufactured, imported, or on behalf of respondent Apple, Inc. (“Apple”), its affiliated companies, parents, subsidiaries, or other related entities.
The ruling underwent a sixty-day presidential review period, concluding yesterday. The Office of the United States Trade Representative issued a statement confirming its decision not to vacate the ban.
“The U.S. International Trade Commission determined on October 26, 2023, that Apple, Inc. had violated two patents…
