Medical device maker AliveCor revealed that President Joe Biden has upheld an International Trade Commission ruling that could lead to a potential US ban on the Apple Watch due to its EKG feature.

Back in December, the commission made a final decision that Apple violated the patent for the AliveCor electrocardiograph technology. The ruling recommends a limited ban on the use of Apple Watch models with ECG functions. The ban means Apple will no longer be able to import an Apple Watch with ECG features into the US for sale. The company intends to appeal the decision in federal court.

The ban can be blocked by the US president’s veto. While presidents don’t usually interfere with the commission’s decisions, Obama vetoed a similar import ban in 2013 after ruling that iPhones and iPads infringed on Samsung’s rights. It’s possible that Apple was hoping that history would repeat itself.

Biden’s decision does not mean that all Apple Watches from Series 4 to Apple Watch Ultra (except for both SE generations) will disappear from store shelves. Apple claims that the commission’s decision has no force at the moment. This is because the Board of Patent Appeals recently ruled that AliveCor’s EKG technology cannot be patented, and AliveCor must now win an appeal against that decision for the ban to take effect.

AliveCor is not the only medical technology company calling for a ban on the Apple Watch. Masimo also sued Apple for alleged infringement of five pulse oximetry patents. The International Trade Commission also ruled in favor of Masimo last month and will decide whether a potential import ban is warranted in May. The ban will affect any Apple Watch with an SpO2 sensor (eg, Series 6 or newer, excluding SE).

Patent battles are not new, given the popularity of the Apple Watch and the size of Apple’s capital. It’s likely that AliveCor and Masimo, as well as other companies following the same path, are hoping for a hefty license fee from Apple.

However, the situation could potentially end up setting a legal precedent for the implementation of medical technology in wearable devices – including blood pressure and blood glucose monitoring. Developing such features requires a lot of time and resources due to lengthy approval procedures. Patent issues can add another layer of complexity, all of which will affect the price and availability of the devices.

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Source: The Verge