Apple Eyes Long-Term Software Fix for Apple Watch Series 9, Ultra 2 While Appealing Ban

tech.hindustantimes.com:

Apple Inc., facing a ban on imports of its watches that generate billions in annual sales, is seeking alternate paths to overcome the patent-infringement loss that forced the most popular Apple Watch models off shelves over the holidays. The Cupertino, Calif.-based tech giant won a temporary reprieve from a federal appeals court Wednesday, two months after the US International Trade Commission ruled the smartwatches infringed patents held by medical-device maker Masimo Corp.—and one day after the device's US sales halted. The Apple Watch Series 9 and Apple Watch Ultra 2 returned to Apple's US retail stores, and will be available online by noon Pacific Time on Thursday, the company said.

Winning the brief stay fulfilled one part of Apple's multi-pronged approach to recover from the ITC's decision. Apple's plans for a comprehensive solution to the patent fight also include redeveloped software now submitted to a US customs agency that could allow it to sell noninfringing versions of the devices as soon as Jan. 12, all while continuing to appeal the ITC loss.

Apple is “working desperately” to pull all available levers “to try and procedurally shut down the ITC by getting a stay from somebody,” said Smith R. Brittingham IV, who leads the ITC litigation practice at Finnegan, Henderson, Farabow, Garrett & Dunner LLP.

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A Christmas Day deadline passed without the Biden administration vetoing the ITC's orders after its late-October finding that certain Apple Watch models infringe Masimo's patents. Apple quickly appealed to the Federal Circuit to review the ITC's findings and overturn its orders. It also filed an emergency request to pause enforcement of the ITC's ban until its motion for a full