A U.S. law enforcement agency has allowed Apple to implement a redesign to circumvent an import ban on its newer Apple Watch models, as disclosed by medical-monitoring technology company Masimo in a court filing on Monday.
The import ban, imposed by the U.S. International Trade Commission (ITC), was initially effective from December 26, affecting Apple’s current Series 9 and Ultra 2 watches.
However, the following day, Apple swiftly secured a temporary pause on the ban from the U.S. Court of Appeals for the Federal Circuit. Subsequently, Apple resumed the sale of the watches as it contested the import ruling.
Apple has indicated that the proposed redesign would address concerns related to the infringement of Masimo’s blood-oxygen reading pulse oximetry patents.
Although the specifics of the redesign, possibly involving updates to the watches’ software, have not been publicly disclosed by Apple.
According to Masimo’s filing with the Federal Circuit on Monday, Apple informed the U.S. Customs and Border Protection agency that the redesigned watches “definitively do not contain pulse oximetry functionality.”
However, the details of Apple’s filings with U.S. Customs and the agency’s decision, issued on Friday, have not been released publicly.
Masimo responded positively to Apple’s claim, stating it represents a step towards accountability. Nevertheless, Apple asserted on Monday that Series 9 and Ultra 2 watches with blood-oxygen reading capabilities are still available.
The ongoing legal dispute between Apple and Masimo originated in 2020 when Masimo accused Apple of hiring away its employees and misappropriating its pulse oximetry technology for use in Apple Watches.
Apple, in turn, countersued Masimo for patent infringement, labeling Masimo’s legal actions as an attempt to pave the way for a competing smartwatch.
The ITC ruled in favor of Masimo in 2021, leading to the import ban that Apple briefly adhered to by halting sales of its Series 9 and Ultra 2 watches in the U.S. before Christmas.
However, the Federal Circuit’s decision to pause the ban on December 27 allowed Apple to resume sales while the appeal is under consideration.
Apple expects the appeal process to take at least a year and anticipates a decision on its request to maintain the ban’s pause as early as Tuesday.
The Federal Circuit is yet to decide whether to continue the pause or reinstate the ban, a decision that could significantly impact the availability of Series 9 and Ultra 2 Apple Watches with pulse oximetry technology.
Apple contends that allowing the ban to persist would cause substantial harm to the company, its suppliers, and the public.
On the other hand, Masimo argues that pausing would adversely affect its business and reputation while challenging Apple’s claims of irreparable harm.
Source: vox-cdn.com
