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Apple Challenges ITC Ruling: Appeals Verdict on Watch Series 9 and Watch Ultra 2
Apple has appealed the decision of the U.S. Department of Justice. The International Trade Commission (ITC) has decided to ban the sale of Apple Watch Series 9 and Apple Watch Ultra 2 models in the United States. In the legal filing,
Apple highlighted the potential “irreparable harm” the company could face if its latest watch still fails to hit the market while legal proceedings are ongoing plant.
On Tuesday, the tech giant sent an urgent appeal to the U.S., news agency Reuters reported. The Court of Appeal for the Federal Court, and sought immediate suspension of the ban.
Apple has asked the Federal Circuit to temporarily lift the ban, especially until the U.S. Customs and Border Protection will decide whether its redesigned watches infringe Masimo's patent. Additionally, Apple requested that the ban be suspended while the court reviews the company’s appeal.
The Customs office is expected to announce its decision on January 12, the tech giant said. As a reminder, the long-running patent dispute between Apple and medical technology company Masimo has surrounded the Apple Watch blood oxygen sensor (SpO2 sensor) technology.
Reasons for Appeal:
As per the reports, Apple Stores are promoting the Watch SE, which is still available because it lacks a blood oxygen sensor.
In early October, the International Trade Commission upheld a judge’s decision from January, pushing the case into a 60-day presidential review period under the Joe Biden administration in the meantime President Biden has signed off the decision and so far no such action has been taken. Apple subsequently announced on December 25 that it would actively initiate measures to comply with the ITC’s decision before the end of the presidential review period.
The directive prohibits all Apple Watch Series 9 and Ultra 2 devices from being imported into the United States on Dec. 25. However, Apple will face restrictions on selling the devices to resellers. As a result, if the decision stands, it has the potential to affect the availability of Apple Watches to other retailers.
Apple’s Stance:
Notably, before implementing the ban and the upcoming smartwatches, Apple developed a strategy to preserve its $17 billion business, according to a report from the newspaper Bloomberg.
The report said the company's engineers are working to implement maintenance software and find ways to manipulate it Specifically, they were modifying algorithms to measure the user's blood oxygen levels. Alleged violation of Masimo Corp. on a license basis.
The interest has shifted to changing how technology calculates oxygen levels and provides information to users, according to individuals familiar with the ongoing effort.
Conclusion:
As the legal proceedings continue, engineers and consumers alike will be watching the smooth progress of Apple’s appeal against the ITC’s decision on the Watch Series 9 and Watch Ultra 2. The case highlights the complexity and challenges of existing technology companies to protect their intellectual property and road transport.