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Apple Inc. is allowed to sell Apple Watches despite the import ban in place. The U.S. Customs and Border Protection said the company may avoid the ban order as long as the smartwatches are the redesigned version.
Customs to Allow Import of Redesigned Apple Watches
According to Reuters, the agency ruled that Apple can modify the watches to sidestep the import restriction on new models of the Apple Watch. The gadget has been banned for import due to a patent infringement case lodged by Masimo, a health technology firm.
The U.S. International Trade Commission (ITC) blocked Apple from selling the watches in December. Its order prohibited the iPhone maker from selling its newest Series 9 and Ultra 2 watches. However, after filing an appeal to challenge the import ruling, it temporarily reversed the order.
Apple resumed selling a day after the order was handed down, but the ban on importation is still in effect. At any rate, the company said that the proposed redesigning of the device would invalidate the findings that the watches infringe on Masimo's blood-oxygen reading pulse patents.
Proposed Modification
While Apple confirmed the proposed redesign would let it dodge the conclusion that it violated Masimo's patent, it has not provided details or publicly described the planned redesign. Then again, this was predicted to involve an update on the smartwatch's software.
Forbes reported that in the court filing on Monday this week, Apple successfully argued that some of its Apple Watch models do not have the blood-oxygen detection technology, telling the customs that the units "definitively do not contain pulse oximetry functionality." This led the agency to state that it would allow the import of the redesigned versions.
Finally, in response to this development, Masimo's spokesperson said, "Apple's claim that its redesigned watch does not contain pulse oximetry is a positive step toward accountability."
Photo by: Auguras Pipiras/Unsplash
