The ITC has denied Apple’s motion to stay the important sales ban on the Apple Watch Series 9 and Ultra 2 while awaiting an appeal.
In October, the US International Trade Commission (ITC) found that Apple infringed on two patents held by Massimo, a medical startup behind pulse oximeter technology that measures the saturation of oxygen carried in red blood cells.
The sales ban goes into effect on December 26 in the United States, with retail availability of Series 9 and Ultra 2 ending two days earlier. Apple’s online store will pull the devices from sale on December 21. BestBuy and other retailers are allowed to continue offering the Apple Watch Ultra 2 and Series 9 until supplies last.
ITC denies Apple’s request for a stay on Apple Watch ban
“For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown,” the ITC’s filing reads.
A startup called Masimo accused Apple of violating its patented inventions around its SpO2 sensors, which are capable of measuring blood oxygen saturation levels. The company alleged that Apple lifted its technology and poached its engineers.
Apple wants to skirt Masimo’s patents
According to Bloomberg, Apple is looking into changing how its blood oxygen algorithm works to avoid infringing on Masimo’s patents.
However, Masimo’s CEO doesn’t believe this will work because Masimo’s patents deal with the hardware and the software. The medical startup would like to settle with Apple and, preferably, cut some kind of an ongoing licensing deal.
So far, Apple hasn’t called.