Apple is moving chips to avoid the new Apple Watch lock

Apple he is not throwing in the towel and moving his chips to prevent the United States from banning the sale Apple Watch. Bloomberg reports that those from Cupertino are working on a “comprehensive solution” that will allow them to normalize the marketing of their smartwatches.

The above media suggests that the plan includes watchOS redesign what has already been introduced before United States Customs. If approved, Apple could sell non-infringing versions of Masimo’s pulse oximeter starting next January 12.

Recall that last Tuesday, December 26 the blockade began to work against the Apple Watch in the United States, specifically affecting the Series 9 and Ultra 2. Apple already braked marketing both models in its physical and online stores, knowing that the presidential veto will not come as a rescue.

Lawyers for the California firm moved quickly and yesterday succeeded in obtaining an injunction temporarily suspended. However, the story is far from over.

The Court of Appeals for the Federal Circuit gave the United States International Trade Commission (ITC) until January 10 to respond to Apple’s request that the blockade that weighs on the Apple Watch is suspended for the duration of the appeal.

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If customs authorities decide that the comprehensive solution offered is sufficient to allow the import and sale of the Apple Watch, Apple could return to normal sales of its smartwatch – albeit with the pulse oximeter limited or disabled via software – while continuing to appeal against failure. the ITC. However, if it is concluded that despite the proposed modifications, the watch still infringes Masimo’s patents, the story may get a little more complicated.

What does it report? Bloomberg makes it clear that Apple is willing to do whatever it takes to prevent a new ban on the Apple Watch in the United States, less to negotiate with Masimo. This was reported by a medical technology company be willing to talk to close this story, but that the initiative must belong to those on the block.

These were directed by Tim Cook They have enough legal resources save time and avoid being permanently blocked on your Apple Watch. The thing is, if customs ultimately thumbs down a software fix that Apple proposes does not infringe patents, the decision can be appealed to the United States Court of International Trade. And if they get a negative definition there, the Cupertinos can appeal again to the Court of Appeals for the Federal Circuit.

Massimo, the viewer

Although perhaps the most curious thing about it all is that Masimo has been relegated to the role of a spectator. This is because if Customs approves the software solution proposed by Apple, The medical technology firm will not be able to appeal to the International Trade Court. His only recourse would be to re-apply to the ITC to ban sales of the Apple Watch, but he would have to prove that his patent is still being infringed.

Clearly, this novel has several more chapters to write and neither side is willing to settle. With the temporary brake of the ITC blockade already Apple returned to the market with Apple Watch Series 9 and Ultra 2 both in the physical Apple Store and in its online store.

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