Apple has been facing a legal battle following the International Trade Commission’s ban on the sales of Apple Watch Series 9 and Ultra 2 last year. The ban was a result of allegations that Apple had infringed upon medical device-maker Masimo’s pulse oximetry patents. The ITC sided with Masimo, claiming that Apple’s infringement was harming the domestic industry. This led to Apple filing an appeal to the Federal Circuit to challenge the ban.
In Apple’s appeal brief, one of the main arguments presented is questioning the existence of a domestic industry that was being harmed by their alleged infringement. Apple points out that Masimo was primarily known for clinical pulse oximeters and did not even have a smartwatch in the market at the time the complaint was filed. Masimo’s W1 smartwatch was only launched in 2022, after the complaint was made to the ITC. Apple also highlights that Masimo had only provided CAD drawings as evidence, which raises questions about the nature of the case.
Apple expresses concerns that if the ITC’s decision is affirmed, it could set a precedent for other companies to use similar strategies against them. The brief argues that allowing the ban to stand could open the door for complainants who lack a genuine domestic industry but possess creative pleading strategies and CAD software to target Apple and other tech companies. Apple believes that this goes against the intentions of Congress and the statutory text.
The legal battle between Apple and Masimo is not an isolated case. Another medical tech company, AliveCor, has also turned to the ITC to ban Apple Watches, claiming that Apple infringed on their EKG tech. The ITC ruled in favor of AliveCor and issued an import ban on Apple Watches. Despite this, AliveCor is currently appealing a ruling from the Patent Trial and Appeals Board stating that their tech is not patentable. These ongoing legal battles indicate a growing trend of tech companies using intellectual property laws to gain a competitive edge.
The legal battle between Apple and Masimo over the Apple Watch ban is a complex and multifaceted issue that raises questions about the nature of intellectual property law and the role of regulatory bodies like the ITC. As both companies continue to fight it out in court, the outcome of these cases will have far-reaching implications for the tech industry as a whole. It remains to be seen how these legal battles will shape the future of intellectual property protection and competition in the wearable tech market.