Following the U.S. ban on sales of its most recent smart devices due to a patent dispute, Apple has stated that it will file an appeal.
It follows the White House’s decision not to reverse a prohibition that went into effect this week on the import and sale of Series 9 and Ultra 2 watches.
The action was taken by the US International Trade Commission to defend device manufacturer Masimo, which Apple is accused of poaching its personnel and technology.
Apple stated that it “vehemently objects” to the ruling.
Apple “preemptively” removed the devices from its US website and retail locations earlier this month. No other sales have been impacted.
The order issued by the US International Trade Commission (USITC) in October underwent a sixty-day review period before the president, who possesses the authority to veto the decision. The period under review concluded on Christmas Day.
On Tuesday, following “careful consultations,” the office of the United States Trade Representative Ambassador Katherine Tai announced that it had decided not to reverse the USITC’s decision.
Apple had requested a stay on the prohibition pending a determination by Customs and Border Protection (CBP) regarding the potential infringement of Masimo’s patents by the redesigned iterations of its watches, which omit the contested technology.
Apple Appeals Sales Ban
The CBP is expected to render its decision on January 12, an Apple spokesperson said.
Apple was convicted by the USITC in October of infringing two patents belonging to medical device manufacturer Masimo Corporation.
The California-based firm had levied allegations against Apple. They alleged that the company had engaged in unauthorized personnel evictions and misappropriated oxygen measurement technology.
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Since 2020, the majority of Apple’s smartwatch models have incorporated the contentious blood oxygen function. The less expensive SE model does not. Pre-owned timepieces will remain unaffected by the prohibition as well.
Apple also reports that it has petitioned the US Court of Appeals for the ban’s lifting as an emergency matter.
The tech titan issued the following statement on Tuesday: “We vehemently oppose the USITC’s decision and subsequent exclusion order, and are making every effort to promptly return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States.”
The White House’s decision, according to Masimo, signifies a pivotal juncture.
A company spokesperson stated that this is a victory for the integrity of the United States patent system. Ultimately, American consumers will benefit from an ecosystem that rewards genuine innovation.
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