Apple has been engaged in a battle with the U.S. International Trade Commission (I.T.C.) for violating patents in smartphones, semiconductors, and smartwatches. The company has had to remove a health feature from Apple Watches due to patent infringement and is now lobbying for changes to the agency’s rules. Apple is pushing for legislation that would prevent certain patent owners from bringing complaints to the I.T.C., aiming to influence how punishments are meted out. The tech giant has even enlisted the help of a former I.T.C. commissioner in its lobbying efforts.
The company is currently embroiled in legal disputes with two U.S. medical device makers over technology used in the Apple Watch. AliveCor and Masimo have filed complaints against Apple for using their innovations to measure the heart’s electrical activity and blood oxygen levels. Apple lost both cases and had to remove the technology that infringed on Masimo’s patent. It is appealing the I.T.C.’s decision regarding AliveCor’s complaint.
Apple is trying to prevent the I.T.C. from imposing import bans on its products. The company argues that such bans would harm Americans’ access to communication and health features in iPhones and Apple Watches. Apple is lobbying Congress and the White House to ensure that the I.T.C. considers the public interest before ordering an import ban, as required by existing law.
Critics, such as patent law expert Adam Mossoff, argue that Apple is trying to undermine the I.T.C.’s authority by limiting Americans’ access to the court. The I.T.C. was established in 1916 to protect American innovation by banning the import of products with stolen technology. However, it has evolved into a forum for disputes between U.S. companies.
Apple has faced import bans in the past but has managed to avoid them through legal settlements or agreements with patent holders. The company has significantly increased its lobbying efforts in Washington, working on legislation to change the I.T.C.’s rules and collaborating with other companies in the ITC Modernization Alliance. Apple is focused on curbing abuse of the I.T.C. and ensuring that import bans do not harm consumers’ access to vital products.
In addition to lobbying for legislative changes, Apple has worked with members of Congress to influence committee reports and ensure that the I.T.C. considers the public health implications of banning a product. The company’s efforts have sparked controversy, with some accusing Apple of circumventing the legislative process. However, Apple maintains that its lobbying efforts are in the best interest of its products and customers.
