President Biden has upheld an International Trade Commission (ITC) ruling that could lead to an import ban on the Apple Watch, as reported by AliveCor, a medical device company accusing Apple of patent infringement.
The California startup stated that it was notified of Biden’s decision by the Office of the U.S. Trade Representative (USTR) on Tuesday. This marks the first ITC ruling against Apple to pass presidential review.
A USTR spokesperson informed The Hill that the decision was made by U.S. Trade Representative Katherine Tai, noting that presidents typically delegate ITC matters to their top trade official.
The administration’s decision to uphold a potential ban on the tech product’s imports sets the stage for a high-stakes legal battle.
In December, the ITC ruled that Apple had infringed on AliveCor’s wearable electrocardiogram patents.
Although the commission called for a ban on Apple Watch sales, the order is on hold due to a dispute before the Patent Trial and Appeal Board, which recently declared AliveCor’s patents 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.
Both companies aim to bring the legal issues before an appeals court. The process could take up to 18 months before various orders take effect.
Presidents don’t typically veto ITC decisions. However, in 2013, then-President Obama vetoed a potential ban on iPhone and iPad imports after the ITC ruled that Apple had 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 rests 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 introduced Apple Watch models with built-in electrocardiogram sensors, forcing AliveCor to cancel sales of its heart monitoring accessory.
AliveCor stated that it first shared its technology with Apple in 2015 in an attempt to secure a partnership.
