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Apple flexes political lobbying muscle as possible bill to ban the Apple Watch approaches Biden’s desk

Apple has begun boosting its lobbying efforts as President Biden nears a decision this coming week on whether to block a potential Apple Watch ban.

The U.S. International Trade Commission (ITC) ruled in December that Apple infringed on medical device company AliveCor’s wearable electrocardiogram patents. The commission’s ruling could result in an import ban on popular Apple Watch models, unless the Biden administration steps in.

Apple has responded by contracting with Shara Aranoff, a lobbyist at Covington & Burling who chaired the ITC during the Obama administration. Aranoff, a former Democratic commissioner, has been lobbying on trade, intellectual property and health issues since her hiring in early January, according to a recent document filed with Congress.

Biden must decide by Monday whether to veto the ITC ruling or let the dispute move forward in court.

AliveCor has filed lawsuits that accuse Apple of stealing its technology and taking part in “monopolistic conduct.”

The Mountain View, Calif., startup, which employs around 150 people, first shared its wearable electrocardiogram (ECG) sensor with Apple in 2015.

The company also stated that it believed it had a good relationship with Apple and went on to sell an ECG accessory for the Apple Watch. As of 2018, Apple launched an Apple Watch with a built-in ECG sensor and made third-party heart monitoring software incompatible with the product, forcing AliveCor to cancel sales of its product.

A number of app developers and startups have accused Apple of “Sherlocking,” where the Silicon Valley giant monitors an innovative technology, then copies it once the use case is demonstrated, rather than pay startups to license their technology.

In a statement to The Hill, Apple noted that the ITC’s import ban is on hold due to December rulings from the Patent Trial and Appeal Board finding that AliveCor’s patents are invalid.

Should Biden uphold the ITC ruling, litigation would continue. A veto would ensure that an Apple Watch ban will not take place.

Apple has long held a presence on Capitol Hill, and has aggressively bolstered its lobbying presence in recent years as lawmakers began to pay attention to its marketplace. The company spent nearly $9.4 million on lobbying in 2022, the highest figure in the company’s history, according to nonpartisan research group OpenSecrets.

Apple deployed 50 lobbyists, including former aides to Speaker Kevin McCarthy (R-Calif.), former Speaker Nancy Pelosi (D-Calif.) and Senate Minority Leader Mitch McConnell (R-Ky.), as it successfully defeated bipartisan legislation aimed at lessening the company’s grip on app store purchases.

Stay tuned for additional details as they become available.

Via The Hill and OpenSecrets