Newly Released CBP HQ Ruling March 4
The Customs Rulings Online Search System (CROSS) was updated March 4 with the following headquarters rulings (ruling revocations and modifications will be detailed elsewhere in a separate article as they are announced in the Customs Bulletin):
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H335304: Ruling Request; U.S. International Trade Commission; Limited Exclusion Order; Investigation No. 337-TA-1276; Certain Light-Based Physiological Measurement Devices and Components Thereof
| Ruling: Apple has met its burden to establish that the articles at issue do not infringe any of the asserted patent claims mentioned. Accordingly, the articles at issue are not subject to the LEO issued as a result of Inv. No. 337-TA-1276. |
| Issue: Has Apple met its burden to show that the articles at issue don't infringe on the relevant claims of the asserted patents and aren't subject to the limited exclusion order issued in the 1276 investigation? |
| Item: The Apple Watch Series 6-9 and the Apple Watch Ultra and Ultra 2. The ITC found that the Apple Watch Series 6 and 7 were found to infringe that claims at issue in the ‘502 patent and ‘648 patent. In its Ruling Request, Apple argues that its proposed redesign of the Apple Watch Series 6 and 7 place it outside the category of products subject to the 1276 LEO. In its Ruling Request, Apple argues that its proposed redesign of the Apple Watch Series 8,9, Ultra and Ultra 2 place it outside the category of products subject to the 1276 LEO. The redesign involves two steps. |
| Reason: The products designed and manufactured by Apple can't infringe without modification -- jailbreaking iPhones are needed for pairing with the Redesigned Watches for their operation and the installation of the infringing software. On this basis, the Redesigned Watches do not infringe. |
| Ruling Date: Jan. 12, 2024 |