2024-01-17 19:37:53
Apple has failed to convince a federal appeals court to allow US imports of Apple Watches with technology to read blood oxygen levels, as it challenges Apple’s decision a government court finding that these devices infringe patents owned by the medical technology company Masimo.
The decision by the US Federal Court of Appeals means that the affected watches cannot be imported while Apple appeals the underlying ban issued by the US International Trade Commission.
The ITC’s import ban on Apple Watches Series 9 and Ultra 2 briefly took effect on December 26. The Federal Circuit lifted the ban on December 27, while it considered Apple’s request for a long-term break, and Apple resumed sales of the smartwatches later that day.
Separately, on January 12, U.S. Customs and Border Protection determined that a redesign proposal from Apple would allow it to import reconfigured Apple Watches without violating ITC restrictions. , according to court filings.
Masimo accused Apple of recruiting its employees and stealing its pulse oximetry technology for use in Apple Watches. The ITC banned Apple’s imports and direct sales of Apple Watches that measure blood oxygen levels following a complaint from Masimo.
Apple stopped selling its latest Series 9 and Ultra 2 watches in the United States before Christmas, until the appeals court granted a temporary pause. The devices remained available through other U.S. retailers, including Amazon.com, Best Buy, Costco, and Walmart.
Apple has asked the U.S. Court of Appeals in Washington to suspend the ban while the appeal process continues, which is expected to take months. She argued that she had every chance of winning her appeal and that maintaining the ban would be detrimental to the company, its suppliers and the public.
The Commission countered that Apple’s arguments “are little more” than a request for permission from a patent infringer to continue breaking the law.
Apple has integrated a pulse oximetry feature into its smartwatches since its Apple Watch Series 6 in 2020. It countersued Masimo for patent infringement, calling Masimo’s legal actions a “move to pave the way” for its own competing watch.
According to Counterpoint Research, Apple Watches represent regarding a quarter of the global smartwatch market. An Apple company report says its wearables, home and accessories business, which includes the Apple Watch, AirPods headphones and other products, brought in $8.28 billion in revenue during the third quarter of 2023 (Reporting by Blake Brittain in Washington; Writing by David Bario and Matthew Lewis)
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