2024-01-16 16:43:12
The case between Apple it’s at Fields remains in the resources phase, so that Maçã can still sell the Apple Watches Series 9 e Ultra 2 in the United States while the U.S. Court of Appeals for the Federal Circuit does not give the hammer on the suspension or maintenance of the decision that bans the sales and imports of these devices into the country.
Yesterday (12/15), we even commented that US Customs and Border Protection authorized a version of the new Apple Watches without the pulse oximetryfunctionality that US International Trade Commission considers infringing Masimo patents.
After the release of this approval, Apple presented its response to the Court, which was published by ip fray. In it, the company reiterated its request to maintain the suspension of the decision banning the aforementioned Watches from the USA pending the entire appeal process. Furthermore, the company argued that it would “suffer irreparable harm” if it were forced to sell the watches without this feature.
The Cupertino giant further claimed that Masimo’s complaint should never have been investigated, as the medical device company “does not have a real national industry”. To obtain an import ban in the US, the claimant (Masimo in this case) would have to commercialize the patented invention through an actual product or licensing.
In the meantime, Apple revealed that this (unspecified) Masimo product was in the works and not available. The company said that if this were the standard, claimants with CAD software1Computer aided designor computer-aided design. and a product idea would have access to import bans.
What is going to happen?
Apple has good arguments for its prevalence, but its irreparable harm argument would obviously be much more convincing if the Apple Watch had to be removed from the US market entirely. Furthermore, the Court may or may not be influenced by the fact that the functionality in question can save lives in cases where people are alerted to possible health problems so that they seek medical help.
Thus, the provisional suspension, granted at the end of last December, might be extended while the entire appeals process is finalized — or, the Court will reject Apple’s motion for a long-term suspension, in which case the ban on import would go into effect once more and Apple would be able to import/sell only Apple Watches without pulse oximetry in the US.
That is, of course, unless the company creates an alternative solution that provides functionality for the same purpose to users without falling within the scope of the Commission’s decision — something that Masimo has already claimed is unfeasible.
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via AppleInsider
Footnotes
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