Apple Faces Reinstated Import Ban on Watches with Blood Oxygen Sensors
Introduction
The U.S. Court of Appeals for the Federal Circuit has announced that a ban on importing Apple Watches with blood oxygen sensors will be reinstated on Thursday. This decision comes after the court lifted an injunction that had blocked the import ban from taking effect while Apple appealed the underlying ruling by the U.S. International Trade Commission (ITC).
The Patent Dispute
The patent dispute revolves around the blood oxygen sensors found in certain Apple Watches. Masimo, a developer of smart wearables, claims that its patented technology for measuring blood oxygen levels was incorporated into these Apple devices.
Import Ban and Availability
As a result of the ruling, Apple will be barred from importing the Apple Watch Series 9 and Apple Watch Ultra 2 throughout the appeal. These watches were pulled from the company’s website and stores last December but can still be found at third-party retailers. The ban does not affect the Apple Watch SE or previously sold watches.
Potential Workaround
Apple may have a potential workaround by importing redesigned watches that do not include the disputed blood oxygen feature. The company has already received approval from the U.S. Customs and Border Protection to import these redesigned watches, which could potentially return to domestic store shelves.
Response and Countersuit
Apple has denied allegations of patent infringement and has countersued Masimo, claiming that the company is trying to use federal authority to promote its own competing smartwatch. Apple is determined to return the banned watches to customers in the U.S. as soon as possible.
Implications and Presidential Review
The ITC ban became effective in December after the Biden administration declined to intervene. Presidential overrides of ITC rulings are rare, with the last one occurring in 2013. In that case, then-President Barack Obama overturned an import ban on certain iPhones and iPads involved in a patent dispute between Apple and Samsung.
Conclusion
The reinstated import ban poses challenges for Apple, but the company may find a solution by importing redesigned watches without the disputed blood oxygen feature. The ongoing patent dispute highlights the complexities of intellectual property rights in the technology industry.
