USITC bans key Apple gadget in Masimo patent dispute
Apple faces US import ban and cease and desist order after violating Masimo's patents on blood oxygen tech | President has 60-day review period to veto.
On Thursday, the US International Trade Commission (ITC) ruled that the Apple Watch has violated two patents held by Masimo related to blood oxygen measurement technology.
As a result, the ITC has issued a limited exclusion order that prevents the device from being imported into the US.
The ruling determined that Apple had integrated Masimo’a light-based pulse oximetry tech into its watches, protected by US patent numbers 10,912,502 and 10,945,648.
The ITC also issued a cease and desist order directed at the Cupertino, California-based company.
The ruling is set to be enforced after a 60-day review period by President Biden, during which he can decide to veto the decision.
Joe Kiani, founder, chairman, and CEO of Masimo, said in a press release: “Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law.
“This important determination is a strong validation of our efforts to hold Apple accountable for unlawfully misappropriating our patented technology,” added Kiani.
Trade secrets allegations
Masimo first made its allegation in 2020, when it accused Apple of trade secret theft infringing multiple patents related to the Apple Watch in a lawsuit filed with the US District Court for the Central District of California.
The ITC's investigation began August 18, 2021, following a complaint by Masimo.
Allegations included the importation and sale of devices that infringed on various patents held by Masimo. The patents in question were US patent numbers: 10,912,501, 10,912,502, 10,945,648, 10,687,745, and 7,761,127.
Several claims had been withdrawn during the course of the investigation.
On January 10, 2023, the presiding administrative law judge (ALJ) issued the final initial determination, which found that Apple violated Section 337 in relation to some claims.
As a result the ALJ recommended a limited exclusion order and a cease and desist order if a violation is found.
After reviewing the parties' petitions and responses and considering numerous public interest comments, the ITC decided to review certain aspects of the final initial determination.
This review involved domestic industry findings, obviousness, written description, claim construction, and infringement, which has now resulted in the ITC’s final decision.
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