Biden Declines to Veto Apple Watch Import Ban

The Biden administration declined to veto a trade court’s decision that could block imports of Apple Watches.

On February 21, the U.S. International Trade Commission announced that Apple’s watch products were banned from being imported because they infringe on AliveCor patents relating to heart monitoring.

The ITC case was filed under Certain Wearable Electronic Devices with ECG Functionality, and Components Thereof. U.S. International Trade Commission. 337-TA-1266.

Apple declared that it would appeal the ITC import ban decision and called its decision a danger to public health.

AliveCor holds patents on electrocardiogram (ECG), technology for smartwatches that contain pulse oximeters. This technology is currently used in some Apple Watch models. After hearing the case, the ITC decided in favor of AliveCor in December 2022.

The ITC ruled in favor of Apple’s smartwatches being banned because they infringe AliveCor’s patents. But it stopped the implementation of any ban while the related legal proceedings between these companies take place.

The case will eventually reach the full ITC.

The December ruling was preceded by a decision from the Patent and Trademark Office that declared AliveCor’s patents invalid. This ruling was a ruling the company had promised to appeal.

White House Allows Apple Watch Ban

When the ITC normally issues a ruling, the White House is given a 60-day presidential review period in which it could decide whether to veto the ITC’s ruling based on policy concerns.

However, this period was finally overdue to inaction from the administration.

A spokesperson for AliveCor Reuters The Biden administration informed the company that there would not be a veto.

“We applaud President Biden for upholding the ITC’s ruling and holding Apple accountable for infringing the patents that underpin our industry-leading ECG technology,” Priya Abani, CEO of AliveCor, said in a statement.

“This decision goes beyond AliveCor and sends a clear message to innovators that the United States will protect patents to build and scale new technologies that benefit consumers.”

While it is not common for Presidents to veto ITC Import Bans, they are quite rare. However, the Obama administration reversed a ban that was placed on some iPhones and iPads in 2013 after receiving a similar ruling.

After a serious patent dispute between Apple and Samsung, which could have caused economic harm to American consumers, the ban was lifted.

Apple Sued for Stealing Electrocardiogram Patents

AliveCor sued Apple over infringing three patents related its KardiaBand app, which monitors the heart rate and detects irregularities. It also performs an ECG test to diagnose heart conditions like atrial fibrillation.

The California-based company told the ITC that Apple copied its technology and then pushed it out of the market by making its watch’s operating system incompatible with its KardiaBand. Apple Watch Series 4, 5, 6, 7 and 8 all have the allegedly stolen ECG technology.

Apple has been sued by the health app company in a separate patent infringement case.

AliveCor has brought a third case against Apple before a San Francisco federal court. This is allegedly because Apple Watch heart-rate apps are monopolized in America. The U.S. tech giant then countersued them in the same court for allegedly infringing its own patents.

Meanwhile, an ITC administrative judge recently ruled that Apple violated a patent belonging to Masimo and was solely installed on the Apple Watch Series 6.

Apple was accused for infringing on a company design that enabled light sensors to measure blood oxygen levels in smartwatches equipped with pulse oximeters.

This report was compiled by Reuters