Apple Watch import ban: what you need to know
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There is a possibility of an import ban in the U.S. on the Apple Watch. Here's what you need to know before it potentially goes into effect on Christmas Day, 2023.
Apple Watch Series 9
Following a recommendation by the US International Trade Commission (ITC) to instigate an Apple Watch import ban in the United States in late October, the Biden administration is partway into its 60-day review window. If the administration believes an Apple Watch import ban should go ahead, that will restrict what Apple Watches the company can import into the United States at the end of 2023.
The timing of the order means the White House effectively has until Christmas day to make its decision on the matter.
Apple Watch import ban: the story so far
Medical company Masimo filed a lawsuit with the U.S. District Court in 2020, claiming Apple stole trade secrets and violated patents with the blood pulse oximeter in the Apple Watch. This was followed up by a U.S. International Trade Commission filing in 2021.
Masimo accused Apple of unfairly copying the blood oxygen sensing feature of its products.
A blood oxygen level reading on an Apple Watch
It was also reasoned by Masimo that the U.S. public would not be affected by an Apple Watch import ban as the sensor isn't "essential to the public health or welfare." This was due to Apple's warnings in fine print that the measurements from the sensor "should not be relied upon for medical purposes," Masimo declared.
Though the District Court trial ended in a mistrial and didn't resume, the ITC did rule in favor of Masimo in January.
On October 26, the ITC issued its order that would bar Apple from importing any Apple Watch models that violated Masimo's patents, following a full review. That decision then triggered the 60-day review period for the White House.
"Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple," an Apple spokesperson said. "While today's decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal."
Apple Watch import ban: What happens next
The 60-day decision period from the White House does not guarantee an Apple Watch import ban will actually take place, but there's a chance that it will occur.
If the Biden administration agrees, then the import and sales ban of already-imported devices will be enforced from December 25, in the tail-end of Apple's peak sales period. This would include preventing the import of affected models, as well as their sale, within the United States.
If left uncontested, the Apple Watch import ban will theoretically last until the patent itself expires in August 2028.