Galaxy, Pixel, and iPhone could face US ban along with certain accessories
The USITC is going to be investigating the possible infringement of three patents owned by BoomCloud 360.
Apple, Samsung, Google devices face possible ban in the US | Image by PhoneArena
I know what you're thinking (RIP Duncan Sheik). You read the headline to this article and see that smartphones from the top three vendors in the States could get banned in the US, and you immediately turn your mind off. There is no way this is going to happen since a company like Apple never really gets banned by the US International Trade Commission (USITC), right?
Certain Apple Watch models were banned by the USITC in 2023
Well, that is not exactly right. After a patent dispute over the technology used to power the pulse oximeter on certain Apple Watch models, the US International Trade Commission issued a limited exclusion order in October 2023 and Apple preemptively halted US online sales of the Apple Watch Series 9 and Ultra 2 and US in-store sales on December 21 and December 24, 2023, respectively.
The pulse oximeter measures your blood oxygen saturation level (SpO2). This is the percentage of oxygen that your red blood cells carry from your lungs throughout the rest of your body. A reading of 95% -100% is considered normal.
The President decides not to rescue Apple
President Joe Biden refused to veto the USITC exclusion order, and that led Apple to push out a software update that removed the pulse oximeter feature from the offending Apple Watch models. Once the feature was removed, Apple was allowed to resume sales of the Apple Watch Series 9 and the Apple Watch Ultra 2 in the US.
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Meanwhile, Apple continued to work on new versions of the feature and designed a new pulse oximeter that didn't rely on Masimo's patents. In March 2026, an ITC Administrative Law Judge agreed with Apple and ruled that its redesigned blood oxygen feature did not infringe on Masimo's patent. This led the ITC to close the case as it rejected Masimo's request to reinstate the ban.
Apple, Samsung, and Google could have certain phones, audio accessories, and tablets banned in the US
Now, the USITC has started an investigation to determine whether Apple, Google, and Samsung have violated section 337 of the Tariff Act of 1930 by importing into the United States and selling "certain electronic devices with certain audio technologies that infringe certain claims of the patents asserted by the complainant."
That complainant is BoomCloud 360 Inc. of Encinitas, California and the company is claiming that Apple, Google, and Samsung have infringed on three BoomCloud 360 patents relating to spatial audio. The patents involved include US Patent No. 10,524,078, US Patent No. 11,533,560, and US Patent No. 11,051,121.
BoomCloud 360 requests that the USITC issue a limited exclusion order and cease and desist orders. This would prevent Apple Inc., Samsung Electronics Co., Ltd., Samsung Electronics America Inc., and Google LLC from importing into the US and selling in the US products that infringed on the aforementioned patents.
The USITC is starting an investigation that could lead Apple, Samsung, and Google devices to get banned in the US. | Image by USITC
Spatial Audio is a technology that creates "surround sound," which allows you to determine with your ears, where sounds are coming from. An exclusion order issued by the USITC could ban the importation and sales in the US of Apple products such as the iPhone 11 series through the iPhone 17 series, the iPhone Air, various iPads, AirPods, and Beats products.
BoomCloud 360's complaint also targets certain Samsung Galaxy handsets such as the Galaxy Z Fold 8 Ultra, and Google Pixel phones as well. Audio accessories from both companies, including true wireless Bluetooth earbuds, are also part of the complaint.
A final determination isn't expected until late 2027 or early 2028
A final determination might not be made until late 2027 or early 2028. Even if the USITC rules in favor of BoomCloud 360, Apple, Samsung, and Google will still be able to negotiate and sign a licensing agreement that would allow them to use the offending technology, or redesign the feature so that it no longer infringes on BoomCloud 360's patents.
The USITC will announce a target date for completing its investigation within 45 days after the institution of the investigation. Remedial orders issued by the USITC in section 337 cases are effective when issued. They become final 60 days after that happens unless the U.S. Trade Representative disapproves for policy reasons within those 60 days.
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