Recently, the ITC implemented an import ban on the Apple Watch Series 9 and the Apple Watch Ultra 2 in the United States. As a result, Apple promptly removed the affected models from its online and physical U.S. Apple Stores in December. Despite the opportunity for President Biden to overturn the Exclusion Order, he chose not to do so. It’s worth noting that President Biden has a friendship with Joe Kiani, the founder and CEO of Masimo.
However, Apple was able to secure a temporary stay on the Exclusion Order from the U.S. Court of Appeals for the Federal Circuit while appealing the ITC ruling. This allowed the company to reintroduce the affected timepieces to its U.S. stores. Apple is seeking a longer-term stay while its appeal progresses and has also submitted a software modification to U.S. Customs in the hopes of addressing the patent infringement issue related to the pulse oximeter in the Apple Watches. A ruling on this matter is expected on January 12th.
If U.S. Customs permits Apple to sell the modified versions of the Apple Watch Series 9 and Apple Watch Ultra 2, Masimo would not be able to appeal the decision and would have to start a new case with the ITC. Meanwhile, the ITC has filed a submission with the Federal Circuit Court regarding the longer-term stay for Apple, and the outcome of this filing could determine whether the affected Apple Watch models will once again be pulled from U.S. Apple Stores in the future.
The pulse oximeter plays a crucial role in measuring the oxygen saturation in the user’s red blood cells, with a normal reading typically falling between 95% and 100%.
