The ITC, a federal agency that handles international trade disputes, determined that the Apple Watch's blood oxygen reading feature infringed Masimo's patents for measuring blood oxygen levels.
Under US law, President Joe Biden’s administration has 60 days to veto the ruling. However, after the deadline (December 25) passed, Apple was not “rescued”.
On December 18, the Cupertino, California-based company announced that it would temporarily suspend sales of its latest high-end Series 9 and Ultra 2 models in the US just before the Christmas holiday.
The ITC ruling doesn't affect sales of devices below the Apple Watch SE, which doesn't have a blood oxygen measurement feature.
The ITC decision said it only applied to Apple Watches that can measure oxygen using light, but it did not specify which models with that technology would be banned. Masimo argued that all Apple Watches that use this technology infringe on its patent.
Masimo, which launched a watch last year that can read blood oxygen levels and track other health metrics, has accused Apple of hiring its employees and stealing its technology after the two discussed a possible collaboration.
Apple has called the legal actions by Irvine, California-based Masimo a scheme to clear the way for a smartwatch and has sued Masimo for patent infringement in Delaware federal court.
Apple is expected to appeal the ban to the U.S. Court of Appeals for the Federal Circuit in Washington. The ITC previously denied a request on December 20 to suspend the ban pending appeal.
The iPhone giant is also said to be working on software changes to allow the watch to function without infringing on its patents. Masimo has said its patents cover hardware and a software fix would not work.
Masimo CEO Joe Kiani also said the company is willing to settle the dispute.
(According to Reuters)
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