Bea Beltran Tech 02.22.2023 01:Feb AM EST

US President Biden Upholding ITC Ruling May Lead to Apple Watch Ban in the US

Apple Watches from the Series 4 and later come with health-related features like the EKG which allows users to monitor their heart rhythm. Other companies, however, are accusing Apple of infringement for using the tech on their products, which US President Biden is upholding.

Potential Apple Watch Ban

AliveCor, a medical device producer stated that US President Biden has upheld the International Trade Commission (ITC) ruling that might lead to the import ban of the Apple Watch that has the EKG (also known as ECG) feature.

This follows the notice of the commission's final determination, concluding that Apple has committed patent infringement over the EKG tech of AliveCor. The ruling says that the former is in violation of Section 337, and will issue a limited exclusion and cease-and-desist order.

Should the ruling go further, Apple Watch models with the EKG feature will no longer be imported by the company into the US to sell. Although, Apple spokesperson Hannah Smith says they intend to appeal the decision to the Federal Circuit.

AliveCor CEO Priya Abani expressed that they applaud US President Joe Biden for upholding the ITC's ruling, and holding Apple accountable for infringing the patents that "underpin our industry-leading EKG technology."

Masimo, another medical tech manufacturer, also sued Apple Watch through the ITC. They claim that the tech giant also infringed on five of its pulse oximetry patents. ITC ruled in Masimo's favor, reports say.

This will affect the Apple Watches with the Sp02 sensor, which covers Series 6 and later. The potential ban is still to be determined by May.

As pointed out by The Verge, it's also possible that the companies suing Apple for infringement may just be after the licensing fee that Apple would provide in exchange for the use of their patents, given that Apple has enough to pay for it ten times over.

How Likely is the Potential Ban on Apple Watches?

There's no way of telling how likely it is for the ITC to ban Apple Watches in the US, but it is safe to say that there is a possibility that it could happen. Since US President Biden decided not to veto the ITC's ruling, AliveCor and Masimo just increased their chances of winning.

Apple has been in the same situation before as the ITC claims that iPhones and iPads infringed on Samsung's technology. Although the Apple Watch manufacturer came out on top as former US President Barack Obama vetoed the import ban, effectively disregarding the ITC ruling.

According to iMore, the LEO will go into effect after the resolution of all the appeals in the case, which includes the EKG patent owner's appeal of the US Patent Trial. With Apple's resources, the US President upholding the ruling might not be enough to ban the Apple Watches.

There's also the Appeal Board ruling that says AliveCor's EKG patent is unpatentable, which leaves the mentioned company needing to win the appeal to the ruling before the ban for Apple Watches can even be possible.