Insider Wales Sport: ITC opposes Apples request to lift Apple Watch sales ban, labeling the case as weak and unconvincing

ITC Files Response to Apple’s Request to Stay Apple Watch Ban

The International Trade Commission (ITC) has responded to Apple’s request to lift the ban on the Apple Watch during the appeal of a previous ruling. In its response, the ITC argues that Apple’s arguments are simply a way for the company to continue infringing on the patents held by Masimo.

This development stems from a ruling made by the ITC in October, which stated that the Apple Watch Series 9 and Apple Watch Ultra 2’s blood oxygen sensor infringed on two patents owned by Masimo. As a result, Apple temporarily halted the sales of these devices in the US.

In an attempt to avoid further infringements, Apple has submitted a software redesign of the Apple Watch Ultra 2 and Apple Watch Series 9’s blood oxygen feature to US Customs and Border Protection. The decision on whether this software change is sufficient to comply with the patents is scheduled to be announced on January 12.

However, Apple has also requested that the ban on the Apple Watch series be lifted throughout the entire appeals process. The ITC strongly opposes this request, arguing that Apple is merely seeking permission to continue infringing on the patents.

Other parties involved in the case have until January 15 to express their support or opposition to the ruling. Ultimately, the decision on whether to stay the Apple Watch ban during the appeals process will be made by the US appeals court.

If US Customs determines that the software change is inadequate and the appeals court denies Apple’s request for a stay on the ban, the Apple Watch Series 9 and Apple Watch Ultra 2 may once again be removed from the market.

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All eyes are now on US Customs’ decision, which is expected to be announced on Friday, January 12. It remains to be seen how this latest development will impact Apple’s ongoing legal battle with Masimo over patent infringement.

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About the Author: Piers Parker

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