Apple Watch Series 9

Appeals court pauses ban on patent-infringing Apple Watch imports

Apple, Apple Watch Series 9, Apple Watch Ultra 2, patent appeals, smartwatch, Tech / Blake Jones / December 28, 2023

still on hold —

Apple pulled the Watch Series 9 and Watch Ultra 2 from sale on December 21.

Jonathan M. Gitlin – Updated Dec 27, 2023 5: 27 pm UTC

Enlarge / The Apple Watch Series 9 released in September 2023.

Apple

Just before Christmas, Apple pulled two of its latest smartwatches from stores. The cause was not an unwelcome visit from the ghost of mechanical timepieces past but the International Trade Commission, which found that the California-based computer maker had infringed on some patents, resulting in the ITC banning the import of said watches. Yesterday, Reuters reported that Apple filed an emergency request for the courts to lift the ban and will appeal the ITC ruling.

And today, the US Court of Appeals for the Federal Circuit granted Apple’s wish, pausing the ban while it considers the tech company’s argument.

Apple’s watch problems started back in January. That’s when a court found that the light-based pulse oximetry sensor (found on the back of the watches) infringed patents held by Masimo, a medical device manufacturer also based in California.

At the time, Apple said since Masimo was not a consumer-focused company, it chose not to collaborate or acquire the medical device maker. Masimo, for its part, said that Apple led it on in discussions then took its idea and hired away Masimo engineers.

In October, the ITC upheld the ruling of infringement and started the process to ban imports of the watches, giving US President Joe Biden’s administration 60 days to review the case and possibly veto the ruling.

But the Biden administration has chosen not to interfere, unlike in 2013 when the Obama administration vetoed a ban on iPhones and iPads during a patent dispute between Apple and Samsung. Although the ITC’s import ban on Apple Watch Series 9 and Ultra 2 models was supposed to go into effect on December 26, Apple pulled the watches from sale a few days early. The older Apple Watch SE, which doesn’t use the infringing blood oxygen sensor, remains on sale.

“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,” Apple said in a statement.

Apple had asked the CAFC to pause the ban until US Customs and Border Protection decides whether redesigned Apple Watches no longer infringe on Masimo’s patents, a decision that should be reached by January 12. Now the court has given the ITC a deadline of January 10 to respond to Apple.

This article was updated shortly after publication to reflect the court pausing the import ban.

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No last-minute reprieve, US ban on some Apple Watch sales now in effect

Apple, Apple Watch Series 9, Apple Watch Ultra 2, syndication / Ryan Harris / December 27, 2023

no joy for Apple —

Watch Series 9 and Watch Ultra 2 blood oxygen sensors are patent-infringing.

Michael Acton, Financial Times – Dec 26, 2023 3: 26 pm UTC

Enlarge / The Apple Watch Ultra 2.

Apple

Apple is banned from selling the Watch Series 9 and Watch Ultra 2 in the US after President Joe Biden’s administration refused to grant a reprieve from a trade tribunal’s decision that it had infringed another company’s patents.

Apple confirmed on Tuesday it had appealed against the earlier ruling from the US International Trade Commission, which stems from a patent dispute with health technology company Masimo.

Biden’s administration had 60 days from the ITC decision, which was handed down in October, to decide whether to allow it to take effect. The authority to decide whether to intervene was delegated by the White House to the US trade representative, Katherine Tai.

“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26 2023,” Tai’s office said in a statement on Tuesday.

In a statement, Apple said it strongly disagreed with the ITC’s decision and exclusion order and was “taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.”

Ahead of a final decision from the White House, Apple had said it would preemptively halt sales of the affected models in the US on its website from December 21, and in physical stores from December 24.

It is exceptionally rare for the White House to wade into such cases, although the Obama administration vetoed a patent ban on iPhones and iPads in 2013 during the company’s legal dispute with Samsung.

The ruling deals a blow to Apple, which is already facing a slowdown in hardware sales this year. Earlier models of the Apple Watch remain available in the US, and Apple says the ban will have no impact on service for customers who have already bought the new models.

The case stems from a legal dispute between Apple and Irvine, California-headquartered Masimo over patents on the technology for measuring blood oxygen levels on the devices. The method, known as pulse oximetry, measures oxygen in the blood by shining light into the wrist.

Apple first introduced the technology in 2020, in an effort to draw in more consumers and give them the incentive to upgrade with new features on the device. Masimo said Apple copied its patented technology.

The US International Trade Commission ruled in Masimo’s favor, issuing a “limited exclusion order” against Apple’s products.

Masimo has separately sued Apple in federal court alleging trade secret violations. A trial in that case ended with a hung jury in May.

Apple is similarly embroiled in litigation with medical wearables company AliveCor over the heart rate monitoring technology on its watches. In December 2022 the ITC upheld a judge’s ruling that Apple violated AliveCor’s patents.

But that same month, the US Patent Trial and Appeal Board invalidated the AliveCor patents at the center of the dispute, putting any potential ban on hold pending appeals.

No last-minute reprieve, US ban on some Apple Watch sales now in effect Read More »