Thu, 13:25·Business·bkSince the Apple Watch Series 6 (except the SE models), it has been possible for users to measure the oxygen content in their blood thanks to newly installed sensors. However, the feature is a thorn in the side of the medical technology company Masimo: It claims that Cupertino has violated important patents relating to non-invasive monitoring functions, which is particularly important in the aforementioned blood oxygen measurement. Masimo managed to get an import ban enforced by the International Trade Commission (ITC), so Apple had to briefly suspend sales of the Apple Watch Series 9 and Ultra 2 last year. The authority remains stubborn and rejects new arguments put forward by Cupertino.
ITC is not convinced by Apple’s argument
Apple’s appeal proceedings are still pending before the relevant court, but the company would like to ensure that it can continue to sell the two affected smartwatches for the duration of the proceedings. However, the ITC rejected the application: Apple had failed to submit new arguments that would justify an end to the sales ban. The case presented by Cupertino is weak and unconvincing, the company simply wants to continue infringing the patents and cannot provide evidence that two important criteria are met that suggest the suspension of the sales stop: the prospect of success is too low, and it is also going out Apple’s statements do not show that the company would suffer irreparable damage by maintaining the sales ban.
Does Apple have to stop selling the Apple Watch Series 9 and Ultra 2 again?
There were no legal errors made by the ITC, meaning that the renewed assessment of evidence in court was wrong. Apple’s claim that there would be damage to its reputation was speculative and not supported by an affidavit. The agency is now giving other parties until January 15 to support or oppose Apple’s request. It is therefore conceivable that the watches will disappear from store shelves in the United States after the deadline has expired until a (legal) judgment is reached by the court.
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