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The US International Trade Commission (ITC) has issued a limited exclusion order (LEO) and a cease and desist order against Apple, potentially preventing the technology giant from importing Apple Watches into the United States. The ITC found that Apple violated section 337 of the Tariff Act of 1930 by importing Apple Watches that infringed on two patents held by Masimo, a medical technology company. These patents are related to technology for reading blood-oxygen levels.

Masimo had filed a complaint in June 2021, claiming that Apple first approached them in 2013 to discuss integrating Masimo’s technology into the Apple Watch. However, Apple allegedly proceeded to hire Masimo employees and released the Series 6 Apple Watch in 2020, which incorporated Masimo’s patented technology without permission.

In response to the ban, Apple argued that Masimo was using the ITC to prevent the sale of a potentially life-saving product, while simultaneously preparing to launch their own watch that copied Apple’s design.

The ruling by the ITC sends a strong message that even the largest company is not above the law. Masimo CEO, Joe Kiani, stated that this decision validates their efforts to hold Apple accountable for unlawfully using their patented technology.

Pulse oximeters, which measure blood oxygen levels, gained popularity during the COVID-19 pandemic as a tool for remote patient monitoring. Masimo, recognizing the demand for such devices, has released their own wearable device called the Masimo W1™, which provides accurate and continuous health data, including oxygen levels, hydration index, and pulse and respiration rates.

Apple has the option to appeal the ban to the US Court of Appeals for the Federal Circuit after a 60-day review period.

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