After experiencing setbacks in two complaints before the U.S. International Trade Commission (ITC), Apple has escalated its efforts to influence the agency's practices. The company is lobbying lawmakers to advocate for changes to the ITC's rules, aiming to make some patent owners ineligible to bring complaints before the commission.

In recent years, the ITC has become a formidable adversary for Apple, with its patent judges ruling against the tech giant in various cases related to smartphones, semiconductors, and smartwatches. Apple has faced consequences such as being forced to remove health features from Apple Watches and battling complaints from U.S. medical device makers like AliveCor and Masimo. The companies filed complaints against Apple in 2021, alleging infringement of innovations related to heart activity measurement and blood oxygen level monitoring. Despite losing both cases, Apple is appealing the ITC's decisions and has removed infringing technology from its watches.

The heart of Apple's lobbying efforts lies in challenging the ITC's signature power: the ability to ban imports of products that violate patents. Given that Apple manufactures its devices overseas, import bans would pose a significant threat to the company. To mitigate this risk, Apple seeks to prioritize public interest considerations over import bans, arguing that American consumers would suffer from losing access to essential communication and health features in iPhones and Apple Watches.

Critics argue that Apple's lobbying efforts affect the ITC's role in protecting American innovation. They contend that import bans should be upheld unless there is a proven threat to health or safety, rather than considering broader public interest implications.

Original article published by Tripp Mickle in The New York Times.

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