In 2021, the International Trade Commission put out a recommendation, asking for an Apple Watch sales ban in the U.S. as the company had allegedly infringed Masimo’s patents. Now, the same agency has formally opposed lifting the ban, which was a decision made previously by the U.S. Court of Appeals for the Federal Circuit. Even though Apple Watch sales have yet to be halted in the region, the Cupertino firm only has a little breathing room before a final verdict is passed.
The court has granted Apple a temporary stay, meaning that its smartwatches can still be sold through various channels, including the technology giant’s online store. In a document filed with the U.S. Court of Appeals for the Federal Circuit that MacRumors also spotted, ITC lawyers have stated that they oppose Apple’s motion, with a response provided below:
“Apple presents a weak and unconvincing case to invoke the extraordinary remedy of a stay pending appeal. Its arguments amount to little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents.”
There is also another breather when it comes to Apple Watch sales. Since the court is still accepting ‘replies in support’ until January 15, Apple can continue selling various models sporting a blood oxygen monitor until later this week, giving the company additional time to rack up sales while also attempting to come up with a solution that will help it avert the sales ban.
Apple has stated that it will push out a software update that will allow it to circumvent an import ban, but Masimo believes that immense hardware modifications will also be necessary. Assuming the court finds sufficient evidence that Apple has infringed Masimo’s patents, then any
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