The US International Trade Commission (ITC) has enforced a ban on specific models of the Apple Watch, following a patent infringement dispute with Masimo, a health tech company. This decision affects the Apple Watch Series 9 and Apple Watch Ultra 2, which are said to infringe on patents related to pulse oximetry technology used to measure blood oxygen levels.
ITC Enforces Ban on Apple Watch Models Over Masimo’s Pulse Oximetry Patents
Despite having a 60-day review period, U.S. Trade Representative Katherine Tai upheld the ITC’s decision on December 26, 2023, making it final. Consequently, the import and sales of the affected Apple Watch models have been restricted in the United States. This comes after an October 2023 ruling by the ITC that found Apple guilty of infringing on two patents owned by Masimo and Cercacor Laboratories.
In response, Apple has filed an emergency request with the U.S. Court of Appeals for the Federal Circuit to temporarily halt the ban. The company argues that the ITC’s decision is incorrect and seeks a postponement of the ban until U.S. Customs and Border Protection determines if redesigned versions of the watches infringe Masimo’s patents. This decision is expected by January 12th.
Apple, which strongly opposes the ITC’s decision, has already removed the affected models from its official U.S. website. However, these models are still available through third-party retailers like Amazon, Best Buy, and Walmart, which have existing stocks.
The entry-level Apple Watch SE model is not affected by this ban and continues to be available for sale. Apple’s legal strategies include potentially overcoming the issue with a software fix, though Masimo believes this wouldn’t circumvent their hardware-based patents.
This situation is notable as it’s the first time since 2013 that a U.S. presidential administration has not vetoed an ITC ruling involving Apple. The ban’s impact on Apple’s wearables, home, and accessories sector, which generated $8.28 billion in revenue in the third quarter of 2023, remains to be seen.
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(Via)
