2024-01-17 19:37:53
Apple failed on Wednesday to persuade a federal appeals court to allow Apple Watches with technology to measure blood oxygen levels to be imported into the United States, as the company challenges a government court’s ruling that the devices infringe patents owned by medical device company Masimo .
The decision by the US Court of Appeals for the Federal Circuit means the affected watches cannot be imported while Apple appeals the US International Trade Commission’s underlying ban.
The ITC import ban on the Apple Watches Series 9 and Ultra 2 briefly went into effect on December 26th. The Federal Circuit lifted the ban on December 27 while considering Apple’s request for a long-term pause, and Apple resumed sales of the smartwatches later that day.
Separately, on Jan. 12, U.S. Customs and Border Protection determined that a redesign proposed by Apple would allow it to import reconfigured Apple Watches without violating ITC restrictions, according to court documents.
Masimo has accused Apple of poaching its employees and stealing its pulse oximetry technology to use in Apple Watches. The ITC has banned the import and direct sale of Apple Watches that measure blood oxygen levels following a complaint from Masimo.
Apple halted sales of its latest Series 9 and Ultra 2 watches in the United States before Christmas, pending a temporary pause from the appeals court. The devices continued to be available at other US retailers such as Amazon.com, Best Buy, Costco and Walmart.
Apple has asked the federal appeals court in Washington to put the ban on hold pending the appeal process, which is likely to take months. The company argued that it was likely to win its appeal and that maintaining the ban would harm the company, its suppliers and the public.
The commission responded that Apple’s arguments “amount to little more” than a patent infringer “asking for permission to continue infringing.”
Apple has been incorporating a pulse oximeter feature into smartwatches since its Series 6 Apple Watch in 2020. The company has sued Masimo for patent infringement, calling Masimo’s legal actions a “maneuver to clear the way for its own competing watch.”
According to Counterpoint Research, Apple Watches account for about a quarter of the global smartwatch market. According to a report from Apple, its wearables, home and accessories division, which includes the Apple Watch, AirPods earbuds and other products, generated revenue of $8.28 billion in the third quarter of 2023. (Reporting by Blake Brittain in Washington, Editing by David Bario and Matthew Lewis)
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