Apple has successfully appealed a ban on selling two Apple Watch models, imposed due to a patent infringement dispute, allowing the devices to be temporarily reintroduced to the market. The U.S. International Trade Commission (ITC) had ruled in October that Apple violated five oximeter patents owned by Masimo, leading to a ban on the sale of all Apple Watches implicated in the infringement.
The White House had a 60-day window to review the import ban, but with the U.S. president choosing not to veto it, the ITC’s ban officially took effect on December 26. Apple filed an emergency request with the U.S. Court of Appeals, seeking a temporary suspension of the ban. The appeals court judge granted the suspension, permitting Apple to temporarily resume sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States.
The recent reports reveal that the U.S. Court of Appeals, on Wednesday, allowed the temporary lifting of the ITC’s sales ban on the latest smartwatches. The court is also considering Apple’s motion for a long-term suspension of the ban during the appeal process. The ITC is expected to respond to Apple’s request within the next 10 days.
Analysts suggest that the final decision could result in substantial financial losses for both companies, potentially pushing Apple to settle or adopt a technical solution. However, the financial impact on Apple is viewed as secondary to the negative publicity generated by the lawsuit.
The ITC’s ban, effective on December 26, covers all Apple Watches involved in the patent infringement, including models like the S6 launched by Apple after 2020, which utilize blood oxygen sensors. Masimo had previously accused Apple of poaching employees and stealing pulse oximetry technology, integrating it into Apple Watch. In response, Apple accused Masimo of attempting to clear the way for its smartwatches. The legal battle is ongoing, with a potential resolution expected in January 2024.
