Apple is calling for the Apple Watch ban to be lifted

Apple responded immediately an official ban that affects the import and sale of the Apple Watch In the United States. The company filed an appeal in court this Tuesday, asking that the veto be lifted while the customs office resolves its case.

“We strongly disagree with the US-ITC decision and the resulting exclusion order,” Apple said in a statement. declaration. “We are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as soon as possible.

Apple has already suspended marketing of the Apple Watch Series 9 and Ultra 2 as a “precautionary measure”. However, there was still a chance that the White House would veto the ITC’s ruling that accused the company of infringing two design patents for its latest two watches. The veto never came and This Tuesday, the ban was formalized.

Specifically, the ITC accuses Apple of using blood oxygen saturation technology patented by medical technology company Masimo. The Cupertino lawyers emphasize this in their appeal the company will “suffer irreparable harm” if the models remain off the shelves during court proceedings.

US Customs and Border Protection is scheduled to rule on the models on January 13, 2023. “At the very least, the court should grant a stay long enough for customs to make that determination,” Apple argued.

Apple Watch

What are the consequences of banning Apple Watch?

Masimo launched a watch last year that also senses blood oxygen levels and tracks other health indicators. The company accused Apple of hiring its employees, stealing its technology and incorporating it into the popular Apple Watch. The court found him right in January of this year. The ITC had already issued the ban last October. Apple asked the Commission to correct this measure, but the Commission rejected the request.

The California company has been working on a watchOS patch that would block the pulse oximeter features on offending devices. However, Masimo elaborated patent infringement occurred at the hardware level. Therefore, they insisted that a software update would not resolve the conflict.

Tim Cook’s team preempted the measure, which took effect this Tuesday, by stopping the sale of the Series 9 and Ultra 2 on its online store on December 21. And on December 24, just before Christmas, they did the same in their physical stores.

The pulse oximeter feature was incorporated into the Apple Watch starting with its Series 6 model in 2020. The ITC order does not affect the cheaper Apple Watch SE, as they do not have pulse oximetry features.

Apple already had to deal with a veto of the Apple Watch last year for infringing AlveCor’s rights related to heart monitoring. However, the North American Patent and Trademark Office declared the patents reported in this case invalid and Apple was allowed to continue selling its smartwatches.

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