What you should know
- The ITC imposed an import ban on the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States due to patent infringement.
- Apple was able to obtain a temporary stay on the Exclusion Order from the U.S. Court of Appeals for the Federal Circuit, allowing it to return the affected watches to its stores while it appeals the original ITC ruling.
- Apple has submitted a software modification for the watches to U.S. Customs, hoping this will provide a workaround to the patent issue with Masimo.
- The patent in question is related to the Apple Watch pulse oximeter, a feature that measures the saturation of oxygen carried in the user’s red blood cells.
Full Story
The ITC slapped an import ban on Apple. The Apple Watch Series 9 and the Apple Watch Ultra 2 were the targets. Apple was quick to react. They pulled the offending models from their U.S. online store on December 21st.
A few days later, on December 24th, they removed the watches from physical U.S. Apple Stores. President Biden had a chance to veto the Exclusion Order. This was after the 60-day Presidential Review period ended on December 25th. But, he didn’t.
Some might say it’s because of his friendship with Masimo founder and CEO Joe Kiani. Who knows? Apple managed to get a temporary stay on the Exclusion Order. This came from the U.S. Court of Appeals for the Federal Circuit. They were appealing the original ITC ruling that they infringed on the Masimo patent.
With the stay, Apple could return the affected watches to the U.S. stores. Both online and physical. Apple’s now seeking a longer-term stay. This is while its appeal winds its way through the courts.
Meanwhile, they’ve submitted a software modification for the watches to U.S. Customs. Apple’s hoping this will be enough to dodge Masimo’s patent. A ruling is expected this Friday, January 12th.
The Masimo patent Apple allegedly infringed on? It’s related to the Apple Watch pulse oximeter. According to Reuters, if Customs agrees that Apple can sell a modified version of the watches, Masimo can’t appeal. They’d have to start from scratch with a new case at the ITC.
When Apple got the temporary stay of the Exclusion Order from the U.S. Court of Appeals, the ITC got a deadline. They had to explain why Apple shouldn’t get a longer-term stay. The ITC submitted their filing to the Federal Circuit Court. Depending on the court’s ruling, Apple might have to pull the watches from U.S. stores again.
The pulse oximeter, by the way, measures the saturation of oxygen in the user’s red blood cells. A reading in the range of 95%-100% is considered normal. Just a fun fact for ya.
