Apple has filed an emergency motion seeking court permission to resume selling two of its most popular watches. This move comes as the tech giant awaits a final decision on its broader appeal in a bitter patent dispute.
Reuters reported that the court is being asked to pause the ban until U.S. Customs and Border Protection determines whether the redesigned versions of Apple's watches infringe on Masimo's patents.
Apple highlights the potential "irreparable harm" it would suffer if previous court orders remain for the estimated two-week wait for the U.S. International Trade Commission's response to its appeal, as per Japan Today.
Sales Interruption Could Cost Apple Millions in Holiday-Season Revenue
The disruption caused by the sales ban will hit Apple's pockets. Analyst estimates suggest a holiday-season sales loss of approximately $300-400 million. However, this setback represents a small fraction for Apple, considering its projected $120 billion in sales for the current quarter, which encompasses the holiday shopping season.
The ban resulted from the ITC's determination that Apple had infringed on patents owned by Masimo Corp. and Cercacor Laboratories.
Apple currently faces accusations from Masimo of employee poaching and technology theft. The dispute centers on Apple's incorporation of pulse oximetry technology, owned by Masimo, into its popular Apple Watch.
Following the ban, imports, and sales of Apple Watches featuring blood-oxygen level reading capabilities have been barred. However, previously purchased watches equipped with this feature remain unaffected.
Trade Representative Upholds Sales Ban, ITC Decision Final
Despite Apple's efforts, U.S. Trade Representative Katherine Tai has decided not to reverse the ban on Apple Watch sales. This decision follows careful consultations and affirms the finality of the ITC's ruling.
The ban on sales was initiated based on alleged patent infringement, with Apple's inclusion of the pulse oximeter feature in its Series 6 and subsequent models coming under scrutiny.
Apple maintains that the ITC's decision contains multiple factual errors. The tech giant contends that Masimo does not offer a competing product in meaningful quantities within the U.S. market. Apple argues that if the ban is stayed, Masimo would not suffer any harm. The company believes the decision should be reevaluated due to these alleged factual discrepancies.
Masimo's Allegations and the Impact on Apple
Masimo has accused Apple of appropriating its pulse oximetry technology without permission. The dispute extends to Apple's hiring practices, with Masimo claiming that the tech giant poached its employees. The ban on Apple Watch sales involving blood oxygen measurement technology signifies a significant setback for Apple in this ongoing legal battle.
Photo: Apple Newsroom


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