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Today, the United States International Trade Commission (ITC) formally opposed Apple's move to keep the Apple Watch sales restriction in place for the length of its appeal.
ITC Wants Apple Watch Sales Ban Reinstated
In a document filed with the United States in the Court of Appeals for the Federal Circuit, ITC lawyers stated that "Apple presents a weak and unconvincing case to invoke the extraordinary remedy of a stay pending appeal," and that Apple's arguments "amount to little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents."
The court is seeking responses from other parties in support of the ITC's decision until January 15, so the Apple Watch should be available until early next week at the very least, as per MacRumors.
In October, the ITC determined that Apple Watch models with blood oxygen sensing infringed on Masimo's patents, and as a result, the import and sale of these devices in the United States was prohibited. The feature is accessible on Apple Watch Series 6 and later, excluding Apple Watch SE devices.
Masimo has accused Apple of stealing trade secrets and poaching staff to develop blood oxygen-detecting technology. Last month, Masimo stated that it was open to settlement talks, but Apple reportedly showed little interest at the time.
Apple Awaits Customs Ruling on Software Updates
In December, Apple temporarily halted sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in its retail and online locations in the United States. After appealing the ITC's ruling to the U.S. Apple was given a temporary stay by the Court of Appeals for the Federal Circuit, which halted the ban and allowed sales to resume for the time being, according to The Verge.
Apple is purportedly developing software updates to address the alleged patent violation and the U.S. The Customs and Border Protection Agency is anticipated to rule on these adjustments later this week. However, Masimo feels that the Apple Watch's hardware design must change in order to be compatible, and the ITC has also expressed concern.
Photo: Simon Daoudi/Unsplash
