NEWS  Apple  December 21, 2023  Reading time: 2 Minute(s)

Max (RS editor)

In a recent setback for tech giant Apple, the International Trade Commission (ITC) has refused to grant a stay on the upcoming US sales ban affecting its Apple Watch Series 9 and Apple Watch Ultra 2. This denial follows the ITC's previous ruling in October, which found Apple in violation of patents held by Masimo, a company specializing in blood oxygen sensor technology.

Apple had sought the stay from the ITC, pending an appeal of the case. However, in a decision released on Wednesday, the ITC justified its denial by citing reasons outlined in the Commission Opinion. The denial extends to the remedial orders, and notably, it is unaffected by the possibility of a government shutdown.

Masimo alleges that Apple unlawfully incorporated its blood oxygen sensor technology into the aforementioned smartwatches, prompting the ITC's initial ruling. As a consequence, Apple has taken immediate action, confirming the suspension of US sales for the affected products on Apple.com, effective immediately. Retail store sales will cease on December 25, with an import ban taking effect on December 26.

Notably, the ban will spare third-party retailers like Amazon, allowing them to continue selling existing inventory. However, they will be unable to replenish their stock until the patent dispute is resolved. This development raises questions about the availability of these Apple Watch models in the market and the potential impact on consumer choices.

As Apple grapples with this legal challenge, the company's last hope for overturning the ban lies with the Biden Administration. Following the ITC ruling in October, the White House initiated a Presidential Review of the dispute, with the conclusion expected on December 25. The review process grants President Joe Biden the authority to veto the ban, but as of now, there is no clear indication of such a reversal.

Reports from CNBC suggest that White House press secretary Karine Jean-Pierre addressed the situation on Tuesday, stating, "We’re tracking this case and the Dec. 25 deadline". The tech industry, legal experts, and consumers alike await the outcome of the Presidential Review and its potential implications for Apple's smartwatch sales in the United States.

In the midst of these legal complexities, the technology sector remains vigilant, observing how this case could set precedents for future patent disputes and their repercussions on the market. The interconnected dynamics of intellectual property, regulatory decisions, and corporate strategies underscore the significance of the ongoing Apple-Masimo dispute, with far-reaching implications for both industries and consumers.

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