After the United States International Trade Commission (USITC) decided that Apple Inc. watches must not be imported nor sold in this country, the Apple Appeals Import Ban On Watches company has put forth an appeal against their decision. Apple co-opts technology The medical monitoring company Masimo filed a complaint that led to the ban, alleging that while working for them Apple copied pulse oximetry technology and used it in its Watch.
The U.S. Trade Representative Katherine Tai refused to overturn the ban and upholding ITC’s ruling, Apple appealed for Apple Appeals Import Ban On Watches emergency relief from an executive order and filed another appeal
Reaction from Apple was swift, as it filed an appeal with the U.S Court of Appeals for the (Federal Circuit in Washington. Moreover, the Apple Appeals Import Ban On Watches giant has made what amounts to an emergency request that the ban be lifted until U.S. Customs and Border Protection determines whether Masimo’s patents are violated by newer watch models. The Customs office is set to rule on January 12.
Masimo alleges that Apple recruited its staff improperly, stole pulse oximetry technology and included it in the Apple Watch. On Apple Appeals Import Ban On Watches December 26, the ITC issued a ruling prohibiting in particular the importation and sale of Apple Watches using blood-oxygen level reading technologies. In 2020, Apple released the Series 6 model with pulse oximeter capability.
Even after the ITC turned down its request to have the ban lifted while an appeal is being prepared, Apple has not changed one iota in its determination fight against it. An Apple spokesperson explained, Just as we are unhappy about this USITC decision and resulting exclusion order, I would like to say that at present our top priority is working with all channels of sales to get the soon-to-be discontinued models back into U.S. consumers ‘hands quickly:
Sales of Apple’s Series 9 and Ultra 2 smartwatches in the US have been halted as a result. Notwithstanding, these Apple Appeals Import Ban On Watches watches are still on the shelves at other merchants such as Walmart and Best Buy. The cheaper Apple Watch SE model is not included in the ban, and watches already purchased will also remain unaffected.
The ITC’s decision to rule against Apple means that this is only the beginning of what looks likely to be a legal war between Masimo and Apple, which considers itself America ‘s leading electronics conglomerate. They see it as “a win for the legitimacy of U.S. patents, one ultimately benefiting US consumers”. To them, fighting back seems unusual
The aim of Apple’s appeal is to reverse the ban on sales, so that business can continue as usual. However industry observers suspect the legal process could lead to a judgment delaying resolution by at least one year for ITC case related products. Apple’s wearables, home and accessories business—which includes the Apple Watch–generated sales of $8.28 billion in the third quarter alone of 2023, according to a company report released Wednesday morning.
The outcome of this court battle will not only determine whether Apple’s own smartwatches are released for sale, but it will also serve as a precedent for dealing with similar cases involving patents and import prohibitions in the future. In fact, in the court case over which Apple and Masimo are wrestling, each company is waiting to see how its own product develops along with those of many other companies that make wearables.
