Apple hired former ITC chair amid smartwatch patent fight

By Caitlin Oprysko

With Daniel Lippman

APPLE HIRES POLSINELLI: Weeks before the U.S. International Trade Commission issued a ruling last October that a blood-oxygen monitoring feature on certain Apple Watch models infringed on another company’s patents for the technology — potentially triggering a ban on sales of the popular wearables — the tech giant enlisted lobbying help from a former head of the commission, according to newly filed disclosures.

— Polsinelli’s Deanna Okun, a trade lawyer who served as an ITC commissioner for 12 years and led the agency as its chair for two years, began lobbying for Apple on Oct. 1 on issues related to trade, intellectual property and public health, according to the filing. Okun joined Polsinelli a year ago from the trade law firm AMS Trade, where Apple was among the firm’s clients.

— Despite Okun’s lobbying, the ITC upheld the patent complaint from medtech company Masimo in an Oct. 26 ruling, which President Joe Biden’s administration declined to overrule and which Apple is in the process of appealing.

— The latest twist in the patent dispute came this week, with Apple debuting for sale new smartwatches without the offending pulse oximeter technology after a federal appeals court let a stay on the Apple Watch ban expire.

— “Signaling Apple’s confidence of winning the appeal of the ITC ruling,” certain models “sold in the U.S. beginning Thursday will still come with a Blood Oxygen icon, but when it’s pressed, users will be greeted by a notice informing them the technology isn’t available,” per The Associated Press, but disrupting sales further could impact what analysts estimate to be a nearly $18 billion-per-year business that has increasingly incorporated health features into its offerings.

CROSSROADS ADDS A DEMOCRAT: Lucy Panza has left Amazon after three years to join Crossroads Strategies as executive vice president. Panza joined the e-commerce giant in 2021 after more than six years working for now-Senate Majority Leader Chuck Schumer as counsel in his leadership office and on the Judiciary Committee, and led Amazon’s outreach to Senate Democrats and the Congressional Hispanic Caucus while the chamber crafted antitrust bills that eventually stalled out.

— At Crossroads, Panza told PI she expects her portfolio of issues to focus on judiciary issues like competition, tech and commerce, but noted that at Amazon she worked on a wide variety of issues from privacy to trade, sustainability and the environment.

— “I’m thrilled to be combining my corporate experience with my government and Senate-specific experience to bring all of those skills to bear for our clients who are at Crossroads and to contribute to this fantastic team,” she said in an interview.

Happy Thursday and welcome to PI. Send lobbying tips: coprysko@politico.com. And be sure to follow me on the platform formerly known as Twitter: @caitlinoprysko.

NO MORE PATIENCE FOR NO LABELS: “The leaders of No Labels, a group preparing a potential independent presidential ticket, have asked the Justice Department to investigate potential criminal charges against a range of Democratic-leaning groups and activists who have been opposing their effort,” The Washington Post’s Michael Scherer reports.

— “The group, in a Jan. 11 letter signed by former senator Joseph Lieberman (I-Conn.), former North Carolina governor Pat McCrory (R) and others, argues that a public and private pressure campaign to discourage donations to No Labels and support for the ticket goes beyond legally protected political speech.”

— “‘It’s one thing to oppose candidates who are running; it’s another to use intimidation tactics to prevent them from even getting in front of the voters,’ the letter reads. The Justice Department has not responded to the letter, according to No Labels leaders.”

— “The argument that No Labels puts forward in the letter is untested and unusual for a political group. Efforts to pressure donors, candidates and endorsers from taking various actions are the currency of politics, and courts generally give significant leeway to campaigns to compete publicly and privately for support.”

— “The letter details a number of incidents that the leaders of No labels believe go beyond the regular rough and tumble of politics. They include an electronic billboard featuring photographs of No Labels CEO Nancy Jacobson and her husband, former Democratic consultant Mark Penn, that was driven around Georgetown during the weekend of the 2023 White House Correspondents’ Association dinner. … Others involved in the No Labels effort report that their reputations or future business opportunities have been threatened, the letter says.”

REVENGE TOUR: “Former President Donald Trump and people in his inner circle have told down-ballot Republican candidates not to hire Republican strategist Jeff Roe or his political consulting firm after Roe worked to elect Ron DeSantis,” four people familiar with the conversations tell Daniel.

— “The admonition against hiring Roe represents an attempt to choke off revenue for his consulting firm, Axiom, in an act of political retribution. Roe was a top strategist for the DeSantis super PAC, Never Back Down. Roe resigned in mid-December after the Washington Post published a story detailing backbiting at the super PAC.”

— “Candidates have been warned that hiring Roe could create a political problem for them with the Trump team. ‘It’s an open secret that candidates who want to stay on President Trump’s good side should not hire Axiom,’ said one of the four people, an influential Republican strategist who was granted anonymity to speak candidly. ‘They are enemy No. 1.’”

— “It’s unclear which candidates Trump has urged to not hire Roe, and Trump spokesperson Steven Cheung declined to comment. Roe also declined to comment. But Axiom Strategies president Rob Phillips said in a statement that his firm ‘has elected more conservatives to office than any other firm in the nation. Answering President Trump’s call for unity on Monday night, we are going to change this country for the better by electing conservatives.’ In his victory speech in Iowa this week, Trump called for Americans to come together.”

ANTI-ABORTION GROUPS LOOK TO SQUEEZE OUT SOME WINS: “House Speaker Mike Johnson has faced a no-win situation on abortion since he took over the fractious House GOP conference in October — torn between a block of hard-liners insisting on restrictive policies and a cohort of more moderate Republicans flatly opposed to them,” our Alice Miranda Ollstein and Meredith Lee Hill report.

— “After months of intraparty battles, exasperation is rampant” as anti-abortion advocates come to terms with the likelihood that “the unprecedented number of anti-abortion provisions added to nearly every spending bill are going nowhere under Johnson — or any other GOP speaker — for the foreseeable future.”

— “The fear that House Republicans will likely have few wins to show voters in November on spending, immigration policy or their anti-abortion push is also drawing fire from outside groups.”

— “‘I understand the numbers,’ said Tom McClusky, an anti-abortion lobbyist with the organization Catholic Vote, referencing the House’s slim majority. ‘But what I don't understand is that there just doesn't even seem to be a fight. It doesn't even seem to be a factor with House leadership.’ The Heritage Foundation — which called Johnson ‘the right person for the job’ in November — is also ramping up pressure on House Republicans to include the anti-abortion measures.”

— “Facing pushback from unhappy conservatives — who made their dissatisfaction clear by blocking an unrelated bill last week — House GOP leaders are now trying to rally GOP members around a pair of stand-alone bills endorsed by anti-abortion groups.”

SPOTTED at the Distilled Spirits Council of the United States’ Cocktail Caucus Bar last night to sample rum products and discuss the economic impact of the rum industry to local economies, per a tipster: Congressional Rum Caucus co-Chairs Del. Stacey Plaskett (D-Virgin Islands) and Resident Commissioner Jenniffer González-Colón (R-Puerto Rico), House Minority Leader Hakeem Jeffries, House Minority Whip Katherine Clark, Denzel McGuire of DISCUS, Kristin Bodenstedt of Bacardi North America and Maura Jeffords of Pernod Ricard.

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— Steph Carlson has joined the National Pork Producers Council as assistant vice president of state and national relations. She was most recently deputy legislative director and policy adviser for Sen. Joni Ernst (R-Iowa).

— Marie Gargas is joining the American Cleaning Institute as senior director of regulatory and international affairs. She was previously senior technical director of regulatory affairs at the Plastics Industry Association.

— Rebecca Ierardo has joined New America as project director for technology and democracy programs, per Morning Tech. She previously worked at the Centre for Public Impact.

— Victoria Vinall is now a senior communications manager for U.S. public policy at Microsoft, based in the Innovation & Policy Center. She previously was a press secretary and speechwriter for the Council on Environmental Quality, and is a DOE alum.

— Emma Brown has been named the new executive director of Giffords. She previously ran Sen. Mark Kelly’s (D-Ariz.) reelect.

— Natalie Johnson is now a strategic adviser for Merrimack Potomac + Charles. She most recently was communications director for Will Hurd’s presidential campaign, and is a Firehouse Strategies alum.

— Abbey Linsk is now director of state and regulatory affairs at the American Chemistry Council. She previously was at APCO Worldwide, and is an EPA and John Barrasso alum.

— WestExec Advisors has promoted Ron Clark and Linda Lourie to principals.

— Michael Lisowski is joining R&R Partners as senior director of government affairs. He most recently was at CURA Strategies.

ANDREWS VICTORY FUND (Andrews for Congress, SECURE VIRGINIA PAC)

Americans Making Opportunities (AMO PAC) (Leadership PAC: Gabe Amo)

The Arkansas Farm Bureau Federal Ag PAC (PAC)

Central Valley Values PAC (Super PAC)

Democratic Women of Monterey County (PAC)

Info Arts (PAC)

SECURE VIRGINIA PAC (Leadership PAC: Aliscia Andrews)

SLATENC (Sparking Local Action Through Engagement NC) (PAC)

Young Indians of America (PAC)

Adams And Reese, LLP: 3Rd Realm Creations, LLC

Bgr Government Affairs: Ancera

Bgr Government Affairs: University Of Notre Dame

Bryan Cave Leighton Paisner LLP: Thompson Foundation For Autism & Neurodevelopment

Bryan Cave Leighton Paisner LLP: Veterans Homecare

Foresight Law + Policy Pllc: Aurora Institute

Gallatin Public Affairs: Willamette Falls Trust

Gephardt Group Government Affairs: Silver Point Capital

Health Policy Source, Inc.: Hospice And Palliative Nurses Association

Healthsperien: American Academy Of Home Care Medicine

J.A. Green And Company (Formerly LLC): Conflict Kinetics Corporation

J.A. Green And Company (Formerly LLC): Nathan Trotter & Co

J.A. Green And Company (Formerly LLC): Raft LLC

J.A. Green And Company (Formerly LLC): Stemrad Ltd.

J.A. Green And Company (Formerly LLC): Teamworks

J.A. Green And Company (Formerly LLC): Warrior Protection & Readiness Coalition

Jones Walker, LLP: Ochsner Health System

Lobbyit.Com: Agru America

Lobbyit.Com: Metro Analytics

Natural State Consulting And Strategies: Arkansas Grocers And Retail Merchants Association

Natural State Consulting And Strategies: Green Bay Packaging Inc.

New Century Government Affairs (F/K/A Terrence C. Wolfe): Key Innovative Solutions, LLC On Behalf Of Charlotte County Public Schools

Perry, White, Ross & Jacobson, LLC: B&O Railroad Museum

Perry, White, Ross & Jacobson, LLC: Washington College

Polsinelli Pc: Apple Inc.

Vnf Solutions, LLC: Louisiana State University Office Of Research And Economic Development

Welsh Rose, LLC: Federation Of American Hospitals

Welsh Rose, LLC: Mayo Clinic

535 Group, LLC: Boy Scouts Of America

535 Group, LLC: Pmi Global Services Inc.

Arentfox Schiff LLP: Africa South Business Group

Bgr Government Affairs: Ashbritt Environmental, Inc.

Bgr Government Affairs: Envirotech Vehicles, Inc.

Bgr Government Affairs: Waylink Assets Limited

Brownstein Hyatt Farber Schreck, LLP: Ev Fuel Me

Brownstein Hyatt Farber Schreck, LLP: Hughes Network Systems LLC

Brownstein Hyatt Farber Schreck, LLP: Indeelift

Brownstein Hyatt Farber Schreck, LLP: Maxar Technologies

Brownstein Hyatt Farber Schreck, LLP: National Cable & Telecommunications Association

Brownstein Hyatt Farber Schreck, LLP: Notarize, Inc

Brownstein Hyatt Farber Schreck, LLP: Onemain Holdings Inc.

Brownstein Hyatt Farber Schreck, LLP: Volley Automation

Capitol City Group, Ltd.: Ameresco

Capitol City Group, Ltd.: Neighborhood Health Plan Of Rhode Island

Capitol City Group, Ltd.: Selo Investments, LLC

Capitol City Group, Ltd.: USa Rare Earth

Covington & Burling LLP: Hino Motors Manufacturing U.S.A., Inc.

Cozen O'Connor Public Strategies: Undertone, A Perion Company

Davidoff Hutcher & Citron, LLP: Fortis Advisors LLC

Davidoff Hutcher & Citron, LLP: Gk Venture Partners

Davidoff Hutcher & Citron, LLP: The Center At West Park Lnc.

Davidoff Hutcher & Citron, LLP: United Service Workers Union

Davidoff Hutcher & Citron, LLP: Yai National Institute For People With Disabilities Network

David Turch & Assoc.: City Of Burbank Ca

David Turch & Assoc.: City Of Willmar Mn

Federal Business Group: Danimer Scientific

Fti Government Affairs: Bausch Health Companies Inc.

Gordon Thomas Honeywell Governmental Affairs: City Of Kelso

Guide Consulting Services, Inc.: Beacon Specialized Living

Guide Consulting Services, Inc.: Depression And Bipolar Support Alliance

Holland & Knight LLP: Peak Minerals Inc.

Horizon Government Affairs: Rxrevu Dba Arrive Health

Husch Blackwell Strategies: Bread For The World

Husch Blackwell Strategies: Rem Brands, Inc.

John Duncan And Associates, LLC: Shared Services Leadership Coalition

Lawrence James Group Professionals LLC: Borski Associates On Behalf Of Philadelphia Industrial Development Corp

Lj Strategies LLC: Kansas State University

Lj Strategies LLC: Odawi Law Pllc On Behalf Of Prairie Band Potawatomi Nation

Lungren Lopina LLC: Ampac Fine Chemicals

Mcginnis Lockridge: George Marius Paunescu

Mr. Paul Schlesinger: City Of Dallas

Munk Policy & Law: Hawaiian Native Corporation

O'Keeffe Shahmoradi Strategies, LLC: 5G Automotive Association E.V.

O'Neill And Associates: Cmt Inc.

Petersen Group: City Of Duluth

Rbw Group, LLC: Vista Consulting, Inc. On Behalf Of Caylym Technologies International, LLC

Rick Neal: Tulsa Community College

Rwe Clean Energy, LLC (Formerly Rwe Renewables Americas, LLC): Rwe Clean Energy, LLC (Formerly Rwe Renewables Americas, LLC)

Shumaker Advisors Florida, LLC: Phoenix Programs Of Florida, Inc.

Shumaker Advisors Florida, LLC: Tampa Metropolitan Area Ymca

Telemedia Policy Corp.: Iota Communications

Tenagrity Solutions, LLC: 1Day Sooner

The Color Nine Group, LLC: Walton County Bocc

The Color Nine Group, LLC: Walton County Tdc

The Livingston Group, LLC: Rush University Medical Center

The Normandy Group, LLC: Katz, Banks, Kumin LLP (Formerly Known As Katz, Marshall, Banks LLP)

Thorn Run Partners: Alora Pharmaceuticals, LLC

Thorn Run Partners: Bdv Solutions

Thorn Run Partners: Classone Technology Inc.

Twenty-First Century Group, Inc.: Global Alzheimer'S Platform Innovations Pbc

Vmware, Inc.: Vmware, Inc.

Ward And Smith, P.A.: Town Of Topsail Beach

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