In the wake of the Biden Administration’s decision to abstain from urgent intervention, Apple has declared its intent to contest a US prohibition on the importation and sale of its Series 9 and Ultra 2 timepieces.
This development transpired subsequent to a patent dispute where medical device manufacturer Masimo leveled allegations against Apple for both talent and technological poaching.
Consequently, the US International Trade Commission imposed restrictions, effectively barring the sale and import of Apple watches. Earlier this month, Apple proactively withdrew the devices from its US platform and domestic outlets, while international sales remain unaffected.
The USITC directive, issued in October, underwent a presidential 60-day scrutiny period. This review concluded on Christmas Day, with the President opting not to overturn the decision after meticulous consultations, as conveyed by the United States Trade Representative Ambassador Katherine Tai.
Apple sought a stay on the ban, awaiting Customs and Border Protection (CBP) evaluation of redesigned watch versions devoid of the contested technology. CBP is scheduled to render its decision on January 12, according to an Apple spokesperson.
In October, the USITC determined that Apple had violated two patents owned by Masimo Corporation and Cercacor Laboratories, Inc., both domiciled in the United States.
Accusing Apple of employee poaching and illicit acquisition of technology designed for blood oxygen level measurement, the California-based company now faces restrictions on most smartwatch models, except the budget-friendly SE variant, which lacks the contentious feature. Previously distributed watches remain unaffected.
Expressing discontent with the USITC verdict and ensuing exclusion order, Apple asserted its commitment to contest the decision. The tech behemoth has additionally submitted an urgent appeal to the US Court of Appeals for the Federal Circuit, seeking the ban’s immediate revocation.
In response to the White House’s resolution, Masimo hailed it as a pivotal moment, emphasizing the victory’s significance for the integrity of the US patent system and the ultimate benefit to American consumers through an innovation-centric ecosystem, as articulated by a company spokesperson.
