US Permits Import Restriction On Smart Watches Apple Appeal
US Permits Import Restriction On Smart Watches Apple Appeal
December 28, 2023 / By Zunair Tahir / Tech News
Apple has announced that it would challenge the US government’s decision to prohibit the sale and import of its Series 9 and Ultra 2 timepieces.
The step was taken after the Biden Administration decided on Tuesday not to relax limitations due to a patent dispute in an emergency manner.
Masimo, a manufacturer of medical devices, has charged Apple of stealing its technology and staff.
As a result, the US International Trade Commission banned the import and sale of Apple watches.
Apple “pre-emptively” banned the devices from US retailers and its website earlier this month. There has been no impact on sales elsewhere.
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The president, who has the authority to veto the decision, has sixty days to examine the USITC order after it was made. Christmas Day marked the end of the evaluation session.
Following “careful consultations,” the office of US Trade Representative Ambassador Katherine Tai said on Wednesday that it has made the decision not to overturn the USITC’s ruling.
In October, the USITC determined that Apple had violated two US-based patents held by Masimo Corporation and Cercacor Laboratories, Inc.
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 function has been a part of the majority of Apple Watch models since 2020. The SE model, which costs less, doesn’t. The prohibition will not apply to timepieces that have already been sold.
Apple claims to have also submitted an urgent application to have the prohibition lifted by the US Court of Appeals for the Federal Circuit.
“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.
In order for Customs and Border Protection (CBP) to determine whether the modified watches—which do not have the disputed technology—violate Masimo’s patents, Apple had requested a temporary restraining order. The CBP is expected to decide on January 12th, an Apple representative informed me.
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 firm said.
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