In the latest turn of events in the Apple-Masimo patent tussle, Apple has been denied an attempt to delay the impending sales and import ban on its Apple Watch Series 9 and Ultra 2 smartwatches.
As spotted by The Verge, in its recent filing, the US International Trade Commission, or ITC, has blocked Apple’s request for a stay on the watch ban as it awaits an appeal.
For those uninitiated, Apple has been asked to stop selling and importing its Series 9 and Ultra 2 smartwatches in the US—owing to a patent infringement surrounding its SpO2 blood oxygen sensing technology with Masimo, a creator of medical equipment such as pulse oximeters.
“For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown,” ITC’s filing says.
3 PM ET on December 21 is the deadline for Apple to stop the online sales of the Apple Watch Series 9 and Apple Watch Ultra 2 smartwatches in the US. However, those interested can still schedule pickups until December 24th from official Apple retail stores, and that is of course, until the stocks last. The import ban itself will take effect from December 26th.
Apple Is Trying To Evade The Ban
Apple is also said to be working to overturn the ban on its latest smartwatches in the US. The iPhone maker is actively exploring potential solutions, including software changes to the algorithm used for measuring blood oxygen.
Earlier this week, Bloomberg reported that Apple’s smartwatch business is valued at around $17 billion, and Apple engineers are currently “adjusting” the algorithms to change how the patented technology determines oxygen saturation in blood and presents the data to customers. Notably, on the other end, Masimo believes Apple would not be able to work its way through this.
Apple could also be banking on a Presidential veto by the Biden administration to allow it to function as usual, essentially rendering the ITC ruling null and void.
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