Masimo claims Apple infringed on its patents related to blood-oxygen measurement algorithms used in the Apple Watch Series 6 and later models.TheUS International Trade Commission (ITC) sided with Masimo paving the way for a ban on all Apple Watch imports into the US.
While Apple appealed the decision, the threat of a ban remains very real. Yesterday, ITC denied Apple’s motion to get a stay on the order. “The Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice,” US ITC.
Biden holds the trump card – the power to veto the import ban. While Biden rarely grants such interventions, the Apple Watch’s popularity and its potential impact on the US economy could sway him. The Watch boasts millions of users and contributes significantly to Apple’s bottom line.
Following the final decision from the ITC, Apple has expressed its intention to challenge the ruling by filing an appeal with the US Court of Appeals for the Federal Circuit. This appeal is slated to be submitted on December 26, once the Presidential Review Period concludes.
Despite this forthcoming legal action, it’s important to note that the appeal will not act as a deterrent to the imminent ban on sales and imports of the Apple Watch Series 9 and Apple Watch Ultra 2, set to take effect on December 25. In a proactive move to adhere to the ITC’s directive, Apple has decided to cease sales of the affected Apple Watch models this week.