Apple filed an appeal on Tuesday following a complaint from medical technology firm Masimo. The ban, initiated by the U.S. International Trade Commission (ITC), was centered around allegations that Apple unlawfully incorporated Masimo’s pulse oximetry technology into its popular Apple Watch. The ITC’s order prohibits the import and sale of Apple Watches utilizing blood-oxygen level reading technology.
Apple swiftly appealed the decision and concurrently submitted an emergency request to the U.S. Court of Appeals for the Federal Circuit, seeking a halt on the ban until the U.S. Customs and Border Protection assesses redesigned versions of the watches for patent infringement. The court is expected to make a decision on Apple’s request while the customs office concludes its assessment by January 12.
Masimo accused Apple of hiring its employees, stealing pulse oximetry technology, and integrating it into Apple Watches. The ongoing dispute resulted in the ITC’s ban, which was upheld after U.S. Trade Representative Katherine Tai chose not to reverse the decision on December 26.
Despite the ban, Apple expressed disagreement with the USITC ruling and pledged to take all necessary measures to return affected watch models to U.S. customers. An Apple spokesperson confirmed the appeal, emphasizing their commitment to contest the exclusion order.
The ITC rejected Apple’s initial plea to suspend the ban during the appeal process, leading to the current appeal to the U.S. Court of Appeals for the Federal Circuit. Legal analysts suggest that Apple’s decision not to settle and live with the ITC order is unusual for such high-profile cases.
While sales of affected smartwatches have been halted by Apple, they remain available through other retailers like Amazon, Best Buy, and Walmart. The ban specifically targets Apple Watch Series 9 and Apple Watch Ultra 2, with the more affordable Apple Watch SE remaining unaffected.
Despite a mistrial in a California federal court jury trial on Masimo’s allegations, Apple has separately sued Masimo for patent infringement in a Delaware federal court. The ongoing legal battle underscores the significance of the wearables, home, and accessory business for Apple, contributing $8.28 billion in revenue during the third quarter of 2023. The appeal process is expected to extend the final ITC case verdict by approximately a year, as predicted by litigation experts.
