ITC Seeks Public Comment on Possible Exclusion Order on Apple Watches
The International Trade Commission is seeking public interest statements on a possible limited exclusion order directed at wearable electronic devices with light-based pulse oximetry functionality (ITC Inv. No. 337-TA-1276), according to a notice released Jan. 30.
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The investigation follows a July 2021 complaint, in which Masimo and Cercacor Laboratories alleged Apple infringed on four of Masimo's and one of Cercacor's patents covering noninvasive blood oxygen saturation measurement and pulse rate technology included in its Series 6 Watch. ITC Administrative Law Judge Monica Bhattacharyya on Jan. 10 issued her initial determination of violation and recommended a limited exclusion order directed to certain wearable electronic devices with light-based pulse oximetry functionality imported by Apple.
The ITC seeks public comments explaining how the articles are used in the U.S., identifying any public health concerns relating to the recommended orders, specifying similar articles that could replace the subject articles if they were to be excluded, indicating whether suppliers have the capacity to replace the volume of articles potentially excluded, and explaining how the orders could affect U.S. consumers. Written submissions are due by the close of business on Feb. 23.