“Dear Santa: Will U.S. Trade Ban on Apple Watch Ruin Christmas?” (featured quotes)

Marshall Gerstein Partner and IP Litigation Chair Benjamin (Ben) T. Horton was quoted in a Bloomberg Law column on October 30 discussing the U.S. International Trade Commission’s recent decision that certain models of the Apple Watch pose an infringement on patents held by Masimo Corp., a medical device manufacturer.

Horton shares good news for those hoping to purchase an Apple Watch for the holidays: The decision “won’t impact anyone’s ability to purchase an Apple Watch between now and December 25,” but a possible ban on Apple importing the product could lead to procurement challenges down the road.

Some experts in IP litigation have wondered if Apple could get a presidential veto that would let the tech giant off the hook.

“I think they have a puncher’s chance for it,” Horton told Bloomberg of Apple’s odds of obtaining a Biden administration veto. “But if I had to gamble, I’d say they’re not going to get that kind of help for a couple of reasons.” First, Horton points out that the Apple Watch isn’t an economic drive. Further, the administration might not even have to intervene if Apple can “cure its violations by swapping out hardware or by issuing a fix by updating firmware.”

Subscribers to Bloomberg can read the complete article here.