
Apple Facing Potential Import Ban for Apple Watch Based Upon IP Challenges to Health Features From AliveCor and Masimo
The possibility of an import ban on the Apple Watch for its electrocardiogram and pulse oximetry features is increasing based upon pending legal disputes between Apple, AliveCor, and Masimo. The apple watch offers both the capability to do an ECG and provide a blood oxygen reading using pulse oximetry.
Previously in December 2022, the International Trade Commission (ITC) ruled against the technology, stating that certain Apple Watches infringe on patents held by AliveCor for their portable ECG devices. The ruling could result in a limited exclusion order preventing further imports of ECG-equipped Apple Watches into the U.S. and a $2 bond for each device during the review period. However, these penalties have not been enforced due to ongoing patent challenges between the two companies. AliveCor patents in question were previously declared invalid by the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board in February. The U.S. Patent and Trademark Office this week found 10 claims invalid in the dispute but upheld three other claims pertaining to AliveCor’s patents.
Furthermore, yesterday, Masimo announced that the ITC has issued a recommendation for a limited exclusion order against Apple Watches that infringe on Masimo’s patented light-based pulse oximetry technology. The USITC found that Apple violated U.S. trade laws by incorporating this technology into its products. The exclusion order is set to take effect after a 60-day review by the President. President Biden previously upheld the AliveCor ruling deciding not to intercede in the above similar case. Masimo’s CEO, Joe Kiani, lauded the ruling as a message that even the world’s largest company is accountable for patent infringement.