ITC Authorizes Limited Exclusion Order Targeting Apple Watch

This news came out toward the end of last week.  The case is In the Matter of Certain Light-Based Physiological Measurement Devices and Components Thereof, Investigation No. 337-TA-1276.  The complainants are Masimo Corp. and Cercacor Laboratories, Inc., and the respondent is Apple.  Long story short, the U.S. International Trade Commission concludes that the Apple Watch infringes claims of two of the five patents in suit relating to the measurement of blood oxygen saturation; and finds that the public interest does not preclude entry of a limited exclusion order (LEO).  That order will take effect 60 days from the decision unless the president, through U.S. Trade Representative Katherine Tai, decides to veto it. 

Here is a copy of the ITC's Notice.  Reportage can be found on, inter alia, Law360 and on Ars Technica, both of which note that Apple will try to convince the USTR that prohibiting importation of the device would have a negative effect on public health, and discuss other related litigation involving Apple and Masimo. 

Update:  Good coverage this morning on Bloomberg and on IP Watchdog as well.