Ban on Apple Watch sales in the US will be appealed by Apple

After US sales of its newest smart watches were suspended due to a patent dispute, Apple said that it will file an appeal.

It follows the White House’s decision not to reverse the import and sales restriction that went into force this week on the Series 9 and Ultra 2 timepieces.

The US International Trade Commission intervened on behalf of gadget manufacturer Masimo, which claims Apple has stolen its intellectual property and employees.

According to Apple, it “strongly disagrees” with the decision.

Apple “pre-emptively” banned the devices from US retailers and its website earlier this month. There has been no impact on sales elsewhere.

The president, who has the authority to veto the decision, has sixty days to examine the October order from the US International Trade Commission (USITC). Christmas Day marked the end of that review session.

“Careful consultations” led to the office of US Trade Representative Ambassador Katherine Tai deciding against overturning the USITC’s ruling, the ambassador’s office announced Tuesday.

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In order for Customs and Border Protection (CBP) to assess whether the updated models of Apple’s watches—which do not have the contested technology—violate Masimo’s patents, Apple had requested a postponement of the ban.

The CBP is expected to decide on January 12th, an Apple representative informed me.

In October, the USITC determined that Apple had violated two patents held by Masimo Corporation, a manufacturer of medical devices.

The California-based business claimed that Apple had stolen their technology to assess blood oxygen levels and was also stealing important employees.

The contentious blood oxygen feature has been a part of the majority of Apple Watch models since 2020. Its less expensive SE model doesn’t. The prohibition will not apply to timepieces that have already been sold.

Apple adds that it has urgently requested that the restriction be lifted from the US Court of Appeals.

“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” the company said in a statement issued on Tuesday.

According to Masimo, the White House’s choice is a momentous occasion.

“This is a win for the integrity of the US patent system, and ultimately American consumers, who will benefit from an ecosystem that rewards true innovation,” a spokeswoman for the company said.

 

 

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