A federal appeals court today ordered a halt on the ITC’s Apple Watch ban, allowing Apple to resume selling the device for the moment.
Two days after the International Trade Commission (ITC)’s Apple Watch ban went into effect, Apple has won a temporary stay. As a result, sales of the Apple Watch Series 9 and Ultra 2 models in the United States are permitted to resume.
The devices won’t become immediately available in Apple’s retail and online stores because US Customs must re-allow imports into the country.
The ITC’s Apple Watch ban is temporarily on hold
After the Biden administration chose not to overturn ITC’s order banning the import and sale of Apple Watch models that infringe on patents owned by Masimo, the ban went into effect and the company stopped selling the infringing watches in the US.
The Cupertino firm also filed an emergency request to the United States Court of Appeals. It explained that it submitted a motion to the court to stay the ITC’s limited exclusion and cease-and-desist orders, and moved for an interim stay of the orders pending a ruling on the motion to stay the orders.
The ITC responded by “respectfully” requesting a five-day extension from January 5-10 to file its response to the motion for a stay pending appeal.
“The Commission’s request for a five-day extension, from January 5, 2024, to January 10, 2024, is granted,” reads the ruling. “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.”
Apple is making software changes to avoid the patent dispute, but US Customs will be the final arbiter of that (they’ll publish their decision on January 12).
Masimo said Apple stole its patented technology related to blood oxygen monitoring, not just the software side of it but also the actual blood oxygen sensor. The company also complained about Apple poaching its employees. It claims Apple hired its former chief medical officer and about 20 staffers.