Apple Inc on Tuesday said it would appeal a US ban on its latest smartwatch models after US President Joe Biden’s administration opted to not veto a ruling on patent infringements.
The ban on Apple’s latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online.
The ban is the latest legal tussle involving big tech companies over valuable patents that has also seen Google battle in court against Sonos Inc in a fight over speaker tech.
Photo: AFP
The US International Trade Commission (ITC) decided in October to ban the Apple Watch models over a patented technology for detecting blood-oxygen levels.
The order stemmed from a complaint to the commission in mid-2021 by medical device maker Masimo Corp, which accused Apple of infringing on “light-based oximetry functionality.”
“After careful consultations, Ambassador [Katherine] Tai [戴琪] decided not to reverse the ... determination and the ITC’s decision became final on December 26, 2023,” the office of the US Trade Representative said in a statement on Tuesday.
Although Biden’s office has the authority to reverse import bans, such actions are only taken rarely.
In a statement, Masimo said the confirmed ban “is a win for the integrity of the US patent system, and ultimately American consumers who will benefit from an ecosystem that rewards true innovation.”
Apple contends that the ITC finding was in error and should be reversed, filing an appeal in a US federal court.
However, the company pulled the products from the online Apple Store on Thursday last week, with retail locations ceasing sales on Sunday — just ahead of the Christmas holiday.
“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Apple said in a statement.
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