The ITC, the federal agency that handles international trade disputes, determined that the Apple Watch's blood oxygen reading feature infringed Masimo's pulse oximetry patents.
Under US law, President Joe Biden’s administration has 60 days to veto the ruling. However, after the deadline (December 25), Apple has not been “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 measure oxygen using light, but did not specify which models with that technology would be banned. Masimo argued that all Apple Watches that use this technology infringe its patent.
Last year, Masimo launched a watch that can read blood oxygen levels and track other health metrics. The company 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 pave 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 earlier on December 20 rejected a request to temporarily suspend the ban while it appeals.
The iPhone giant is also said to be working on software changes to allow the watch to work 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 was willing to settle the dispute.
(According to Reuters)
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