The ban on the import and sale of Apple Watch Series 9 and Apple Watch Ultra 2 models has been temporarily suspended, allowing Apple to put the wearable devices back on sale in the United States, at least temporarily.
Apple filed an emergency request with the United States Court of Appeals after the Biden administration’s decision not to reverse the sales ban, allowing it to take effect late last week. Today, the Court of Appeals for the Federal Circuit put an interim stay in place while the court reviews Apple’s request for a full stay for the length of the appeal. This effectively pauses the ban on Apple Watch imports and sales for a brief period.
IT IS ORDERED THAT:
(1) The motion for an interim stay is granted to the extent that the Remedial Orders are temporarily stayed and
the government is directed not to enforce the Remedial Orders until further notice while the court considers the motion for a stay pending appeal.
(2) While the interim stay is in effect, Apple must comply with the same bond requirements set forth by the Commission in the Remedial Orders governing the Presidential Review Period.
(3) The Commission’s request for a five-day extension, from January 5, 2024, to January 10, 2024, is granted. Opposition to the motion to stay pending appeal is due no later than January 10, 2024, and any reply in support is due no later than January 15, 2024.
The International Trade Commission (ITC) has until January 10 to respond to Apple’s request for a full stay while the appeal moves forward.
The U.S. International Trade Commission (ITC) ordered a ban on Apple Watch imports into the country. The ban follows a ruling by the ITC that Apple had violated pulse oximetry patents held by Masimo.
Masimo in 2020 claimed Apple stole Masimo employees and stole trade secrets while the Cupertino firm was developing the Apple Watch. Masimo was seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo said used its technology.
Apple did indeed hire employees away from Masimo, hiring Chief Medical Officer Michael O’Reilly in July 2013, and then in 2014, it hired Cercacor Chief Technical Officer Marcelo Lamego (Cercacor is a Masimo spinoff company). Masimo claims that the two former employees shared Masimo’s intellectual property when they developed the Apple Watch, which Apple denies.
Apple engineers are reported to be “racing” to make changes to algorithms on the Apple Watch that measure a user’s blood oxygen level — a feature that Masimo Corp. has argued infringes its patents.
The sales ban only applies to Apple Watch models with a blood oxygen sensor, so the Apple Watch SE is still available for sale. The ban also only applies to Apple retail store sales in the United States, so all Apple Watch models continue to be available in other countries.
Other retailers in the United States, such as Walmart, Target, Best Buy, and others, can continue to sell all Apple Watch models until their supplies run dry. However, once their inventories run dry, Apple cannot import any more units into the U.S. from overseas.
