The Biden Administration declined to overturn a recent ruling that bans
Apple
from selling several models of the Apple Watch in the U.S. over a patent-infringement issue.
In October, the United States International Trade Commission found that Apple infringed two patents held by the medical-technology company
Masimo
and a sister company called Ceracor Laboratories on sensors that measure blood-oxygen levels. The ITC ruling covers both Apple Watch Series 9 and Apple Watch Ultra 2.
That finding was subject to review by U.S. Trade Representative Katherine Tai. This morning, her office issued a statement saying that “after careful consultations,” she has decided not to reverse the IT determination, which goes into effect Tuesday.
Apple last week stopped selling Series 9 and Ultra 2 watches in advance of Tai’s final ruling. On Apple.com, both Series 9 and Ultra 2 watches are listed as “currently unavailable.”
“We strongly disagree with the U.S. ITC 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 U.S. as soon as possible,” Apple said in a statement this morning. Apple has filed an appeal of the ITC ruling to Federal Circuit court, which has the power to review ITC cases.
Apple says it does not use any of Masimo’s technology in its watches. The company also asserts that Masimo is using litigation as a way to help sell its own smartwatches. Apple in October 2022 filed a pair of patent infringement lawsuits of their own against Masimo asserting copied patented features of Apple Watch.
The ITC order does not affect watches that are already in use. Apple Watch SE models remain available for sale both online and in stores.
Apple said it is pursuing a range of legal and technical options to resume sales of Apple Watch Series 9 and Apple Watch Ultra 2, and has submitted a proposed redesign for both Apple Watch Series 9 and Apple Watch Ultra 2 for U.S. regulatory approval.
Masimo positioned the ITC decision as a big win for the U.S. patent system.
“The ITC’s decision marks a significant moment for the U.S. as a defender of innovation and a protector of inventors’ rights,” Masimo said in a statement. ”As inventors of measure through motion and low perfusion pulse oximetry, we hope to expose new consumers to accurate and reliable pulse oximetry. This is a win for the integrity of the U.S. patent system, and ultimately American consumers. who will benefit from an ecosystem that rewards true innovation.”
Apple shares on Tuesday were about 0.3% lower at $193.04.
Write to Eric J. Savitz at [email protected]
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