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MOSCOW: Apple is resuming sales of Apple Watch Series 9 and Ultra 2 in its physical stores on Thursday after a US court ruled to pause a ban on sales and imports imposed due to a patent infringement dispute, an Apple spokesperson said, reported Sputnik.
On Tuesday, Apple pulled the sales of the two smart watch models from both online and physical stores after it was accused of violating patents held by producer of medical devices Masimo. On Wednesday, the US Appeals Court temporarily halted the Apple Watch import ban, pausing enforcement of Remedial Orders during the pending appeal as Apple sought resolution in a dispute over blood oxygen monitoring patents.
“Apple’s teams have worked tirelessly over many years to develop technology that empowers users with industry-leading health, wellness and safety features and we are pleased the US Court of Appeals for the Federal Circuit has stayed the exclusion order while it considers our request to stay the order pending our full appeal,“ spokeswoman Nikki Rothberg said in a statement quoted by The Verge.
The court said Apple could continue selling its watches temporarily, while the company expected to obtain a decision on whether proposed changes to its watches would avoid patent infringement, the report said. Rothberg said that a wider availability of the smartwatches was expected by Dec 30, as cited in the report.
Meanwhile, US Customs and Border Protection is scheduled to rule on the changes on Jan 12, the report said. It added that otherwise, the court is considering the possibility of putting the ban on hold until it can rule on the patent dispute, which could potentially protract the ban “for months longer”.
US President Joe Biden’s administration declined to reverse a decision by the US International Trade Commission (ITC) which found that some Apple watches infringed patents for blood oxygen monitoring technology. The US tech giant filed an emergency motion to pause the ban pending further adjudication, although the ITC also sent a letter to the court on Dec 26 to oppose the motion.
In 2021, Masimo filed a complaint with the trade commission, accusing Apple of violating its patents related to blood oxygen measurement. The firm claimed that the pulse oximeter, which has been installed in new models of the Apple Watch since 2020, infringed its patented technology.–Bernama-Sputnik
