Apple Files Appeal After White House Allows Ban On Its Smartwatches

Apple has announced its intention to challenge a U.S. ban on its most recent smartwatch models. The Biden administration chose not to intervene in a ruling on patent infringements, resulting in the prohibition of Apple Watch Series 9 and Apple Watch Ultra 2 sales, both in stores and online, starting on Tuesday.

The prohibition marks the latest legal dispute involving major tech companies entangled in battles over valuable patents. Google has been engaged in a court battle against Sonos, contesting claims related to speaker technology.

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The United States International Trade Commission (ITC) decided in October to ban the Apple Watch models over a patented technology for detecting blood-oxygen levels.

The order stemmed from a complaint to the commission in mid-2021 by medical device maker Masimo Corp, which accused Apple of infringing on "light-based oximetry functionality."

What US authorities said

"After careful consultations, Ambassador (Katherine) Tai decided not to reverse the... determination and the ITC's decision became final on December 26, 2023," the office of the US Trade Representative said in a statement on Tuesday.

While the office of US President Joe Biden has the authority to overturn import bans, such actions are infrequent.

What Masimo said

In a statement, Masimo said the confirmed ban "is a win for the integrity of the US patent system, and ultimately American consumers who will benefit from an ecosystem that rewards true innovation."

Apple contends that the ITC finding was in error and should be reversed, filing an appeal in a US federal court. But the company pulled the products from the online Apple Store on December 21, with retail locations ceasing sales December 24 - just ahead of the holiday.

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What Apple said

Apple manufactures the vast majority of its products overseas, predominantly in China, giving the International Trade Commission jurisdiction over the matter. Masimo contends it invented the technology - and that Apple poached its employees to win access to the knowledge.

Apple has been consistently enhancing fitness and health features with each iteration of its Apple Watch, which remains a leader in the smartwatch category. In September, Apple introduced the Apple Watch Series 9, highlighting improved performance and capabilities, including enhanced access to and logging of health data.

"We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible," Apple said in a statement Tuesday.

At the time of the original decision, Apple said Masimo had "wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of US consumers while making way for their own watch that copies Apple."

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In May, a trial of Masimo's allegations ended in a mistrial after jurors failed to reach a unanimous verdict. Apple has argued that Masimo is using litigation to make way for its own Apple Watch-inspired products.

In November, Masimo was cleared by US regulators to use its own wrist-worn product for prescription and over-the-counter use. Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.

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