Apple argues redesigned Watch models avoid patent infringement
Apple is fighting back against a ban on importing its watches into the US after medical tech company Masimo accused the tech giant of stealing its pulse oximetry technology. The Biden administration chose not to veto the ban. So, on Wednesday, Apple filed an emergency request with the US Court of Appeals for the Federal Circuit to halt the ban. Apple wants the ban paused until US Customs and Border Protection decides if redesigned watches still infringe on Masimo's patents.
Masimo accuses Apple of stealing technology
Masimo accuses Apple of hiring away its employees, stealing its pulse oximetry technology and using it in the popular Apple Watch. The US International Trade Commission's (ITC) order stops imports and sales of Apple Watches with blood-oxygen level reading features, which were introduced in the Series 6 model in 2020. A Masimo spokesperson called the decision "a win for the integrity of the US patent system, and ultimately American consumers."
Apple disagrees with ITC decision
The US customs office is due to make its decision on January 12. Apple disagrees with the ITC decision and exclusion order, stating, "We are taking all measures to return Apple Watch Series 9 and Ultra 2 to customers in the US as soon as possible." Last week, the ITC denied Apple's request to pause the ban during the appeal process. On Tuesday, ITC also opposed Apple's request for the Federal Circuit to halt the ban in a court filing.
Impact on sales and legal proceedings
Since last week, Apple has stopped selling its Series 9 and Ultra 2 smartwatches in the US, but they can still be found at other retailers like Amazon, Best Buy, and Walmart. The ban doesn't affect the Apple Watch SE because it doesn't have the pulse oximetry technology. Previously sold watches will not be affected by the ban. However, repairs of some models may be affected because the ban affects the import of disputed parts.
Apple has separately sued Masimo for patent infringement
A jury trial on Masimo's allegations in California federal court ended with a mistrial in May. Apple has also sued Masimo separately for patent infringement in federal court in Delaware. Apple has called Masimo's legal actions a "maneuver to clear a path" for its own competing smartwatch.
