Apple seeks appeal after the US lifts its import ban on smart watch
Apple has announced that it would file an appeal against a ban imposed by the United States on the importation and sale of its Series 9 and Ultra 2 watches.
The decision to take this step comes after the Biden administration failed to take immediate action on Tuesday to relieve restrictions that were imposed due to a patent dispute.
Masimo, a company that manufactures medical devices, has accused Apple of seeking to steal its staff and its expertise. Consequently, the United States International Trade Commission decided to prohibit the sale of Apple watches as well as their importation into the country.
Apple “pre-emptively” pulled the gadgets off its website in the United States as well as from retailers located within the country earlier this month. Sales in other areas have not been impacted in any way.
Following the issuance of the USITC order in October, the president, who possesses the authority to veto the judgement, was required to conduct a review that lasted for sixty days. On the day of Christmas, that evaluation period came to a conclusion.
After “careful considerations,” the office of the United States Trade Representative Ambassador Katherine Tai said on Tuesday that it has made the decision not to reconsider the decision made by the United States International Trade Commission (USITC).
To allow Customs and Border Protection (CBP) to determine whether or not the modified versions of Apple’s watches, which do not incorporate the disputed technology, violate Masimo’s patents, Apple had requested that the ban be put on hold until the CBP could make its determination. According to a representative for Apple, the decision that CBP will make is scheduled to be made on January 12th.
In October, the United States Intellectual Property Tribunal (USITC) determined that Apple had violated two patents that were owned by Masimo Corporation and Cercacor Laboratories, Inc., both of which were domiciled in the United States.
According to the California-based company, Apple had been accused of stealing technology that it had developed to assess oxygen levels in the blood as well as poaching key employees and taking other attempts to acquire the technology.
Since the year 2020, the majority of Apple’s smart watches have integrated the controversial blood oxygen feature despite some criticism. Its SE model, which is more affordable, does not. Additionally, watches that have been sold in the past will not be impacted by the restriction.
According to Apple, the company has also submitted an urgent motion to the United States Court of Appeals for the Federal Circuit calling for the restriction to be lifted.
According to a statement released by the tech giant on Tuesday, “We strongly disagree with the decision and exclusion order that was issued by the United States International Trade Commission (USITC), and we are taking all means to restore Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as soon as possible.”
According to Masimo, the choice made by the White House signals a momentous occasion. An official from the organisation asserts that this development ultimately benefits American consumers, as it fosters an environment that promotes genuine innovation and upholds the credibility of the United States patent system.