Biden declines to veto Apple Watch ban, company says



Karl Evers-Hillstrom
Tue, February 21, 2023 at 9:31 AM MST·2 min read


President Biden has upheld an International Trade Commission (ITC) ruling that could result in an import ban on the Apple Watch, according to AliveCor, a medical device company that has accused Apple of patent infringement.

The California startup said it was informed of Biden’s decision by the Office of the U.S. Trade Representative on Tuesday. It’s the first ITC ruling against Apple to clear presidential review.

The Hill has reached out to the White House and Apple for comment.

Biden’s decision to uphold a potential ban on imports of the tech product sets the stage for a high-stakes legal battle.

The ITC ruled in December that Apple infringed on AliveCor’s wearable electrocardiogram patents. While the commission called for a ban on Apple Watch imports, the order is on hold amid a dispute before the Patent Trial and Appeal Board, which recently ruled that AliveCor’s patents were invalid.

“This decision goes beyond AliveCor and sends a clear message to innovators that the U.S. will protect patents to build and scale new technologies that benefit consumers,” AliveCor CEO Priya Abani said in a statement.

AliveCor hopes to bring all of the legal issues before an appeals court.

Presidents don’t typically veto ITC decisions. But in 2013, then-President Obama vetoed a potential ban on iPhone and iPad imports after the ITC ruled that Apple infringed on Samsung’s patents.

Following the most recent ITC ruling, Apple hired the former chairwoman of the ITC to lobby on its behalf, in an apparent effort to secure a presidential veto. The tech giant, along with its allies in Congress, warned that a ban would undermine public health.

“The patents on which AliveCor’s case rest have been found invalid, and for that reason, we should ultimately prevail in this matter,” Apple said in a December statement.

The dispute dates back to 2018, when Apple launched Apple Watch models with built-in electrocardiogram sensors, forcing AliveCor to cancel sales of its heart monitoring accessory. AliveCor said that it first shared its technology with Apple in 2015 in an effort to secure a partnership.

The Hill.