Christine Lehman Featured in Bloomberg Law Article on Apple v. Masimo Patent Dispute

Christine Lehman

Partner Christine Lehman was featured in the Bloomberg Law article, "Apple Watch Patent Rulings Reflect Force, Failings of Import Ban," where she provided commentary on the implications of recent rulings in the high-profile Apple v. Masimo patent dispute.

The U.S. Court of Appeals for the Federal Circuit recently upheld the ITC’s exclusion order against certain Apple Watch models, finding they infringed Masimo’s patents. At the same time, ITC Administrative Law Judge Monica Bhattacharyya issued a recommended determination that Apple’s redesigned smartwatch does not infringe two Masimo patents, potentially allowing continued imports if adopted by the full ITC.

Christine highlighted the strategic challenges patent owners face when pursuing cases at the ITC, noting:

“Redesign is always a risk for ITC complainants. If there’s an easy design-around, then the ITC may not be the best forum for the case.”

Her insights underscore the complexities of balancing patent protection with fostering competition in fast-moving technology markets.

The article also explored the ITC’s domestic-industry standard, which the Federal Circuit upheld with a flexible approach. Christine emphasized the importance of this standard in shaping ITC cases, as it allows complainants to rely on prototypes, testing, and other circumstantial evidence to meet the requirement. This flexibility, she noted, can ease the path for patent owners but also highlights the need for strategic foresight in navigating ITC disputes.

Read the full article here (note: subscriber access only).