Apple's legal bid to pause Apple Watch sales & import ban fails
Wesley HilliardApple Watch Ultra 2
Apple requested that the Apple Watch ban be stayed while appeals are underway, but the ITC has denied that motion.
The Apple Watch Series 9 and Apple Watch Ultra 2 will no longer be sold on Apple's website as of December 21, and a full import ban goes into effect on December 25. Apple still has options to avoid a ban, but time is running out.
Apple put in a motion to stay the Apple Watch import ban until appeals could be processed, but the US International Trade Commission has denied that request. The import ban will occur on December 25 as scheduled unless the White House steps in or customs accepts an alteration from Apple.
It doesn't appear as if the White House is moving quickly to make a call. The US trade official Katherine Tai is "carefully considering all of the factors in the case."
There's a small chance that a last-minute software update could be enough to convince customs to avoid a ban. However, the company suing Apple, Masimo, believes only a hardware change will work.
One final option, a result Apple seems to want to avoid, is settlement. Masimo has stated it is open to discuss settlement, if only Apple would pick up the phone.
Malcolm Owen
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8 Comments
I very much doubt Apple will 'pick up the phone' that would result in having to pay a license fee in the US, possibly retroactive royalties for product already shipped and set a precedent for action in the rest of the world.
They will presumably rev the hardware to remove the feature at least for the US market and bring it back the moment the patent expires.
For example it's speculated that the real reason MagSafe went away and came back again was a 3rd party patent claim on elements of it.
I want to say that for the dozen or so threats to Apple regarding using patented technology (or not) in it's products over the years, apple was bound to get burned by one eventually.
I expect a resolution by the end of the year in the form of a "settlement". Apple cannot afford an Apple Watch gap! </Dr. Strangelove>
Apple should buy Masimo and its patents. Problem solved
Chelgrian……. do you not see that removing features from a watch that a person already paid for Could and probably would lead to a large class action lawsuit against Apple. Do you think Apple really wants that backlash from their customers? People bought their product because it had those features, and now you’ve taken them away. I see nothing but problems with this