(CTN News) – Apple has taken legal action to challenge a ruling that prohibits the importation of Apple Watches due to patent infringement by Masimo.
The company has filed an appeal and is requesting that the ban be temporarily suspended until the United States Customs and Border Protection decides the alleged patent violation.
The United States International Trade Commission has issued an order that bans the importation and sale of Watches with blood oxygen-sensing technology protected by Masimo patents.
Despite accusations from Masimo, Has continued to incorporate this technology in its smartwatches, starting with the Series 6 model in 2020.
Additionally, the court has also prohibited the import and sale of the Apple Watch Series 9 and Ultra 2.
The ruling, which the Biden administration chose not to veto, will allow the restrictions to remain in place. Apple has stated that the customs office is expected to decide on January 12.
Masimo, a spokesperson for the company, expressed their support for the ITC’s decision, emphasizing the importance of protecting inventors’ rights and innovation in the US.
However, Apple disagrees with the exclusion order and is working to return the affected smartwatches to customers as soon as possible.
While the US Trade Representative is still reviewing the ITC decision, Apple has already taken steps to comply by halting sales of the Series 9 and Ultra 2 smartwatches.
Despite this, some other stores are still selling them. It’s important to note that the patent issue does not affect Watch models without the blood oxygen sensor, such as the Watch SE.
Additionally, the restriction will not impact watches that have already been sold. In the past, the Obama Administration vetoed an import ban on Apple’s iPhones and iPads in 2013, marking the last time a presidential veto was used in response to an ITC verdict.