Apple Faces Another Setback... Watch US Import Ban Postponement Fails
New Model Series 9, Ultra 2
New Version Without Pulse Oximetry Measurement Available for Import
The new Apple Watch models, Series 9 and Ultra 2, have once again been blocked from being imported into the United States. This is because Apple lost a lawsuit it filed in response to an import ban order related to patent infringement of the Apple Watch.
On the 17th (local time), according to major foreign media including The Wall Street Journal (WSJ), the U.S. Federal Circuit Court of Appeals dismissed Apple's claim challenging the authorities' decision to ban the import of certain Apple Watch models. As a result, Apple will not be able to bring these models into the U.S. while the patent infringement appeal for the Apple Watch is ongoing. The import ban on these models will take effect from 5 p.m. on the 18th.
The U.S. International Trade Commission (ITC) ruled in October last year that Apple infringed on the blood oxygen measurement technology patent of medical technology company Masimo, and decided to ban the import of Apple Watches containing this technology into the U.S. In response, President Joe Biden did not exercise his veto power and finalized this decision on the 26th of last month.
Apple immediately appealed to the court and requested a temporary stay of the import ban order while the appeal was underway. The court accepted this urgent request, allowing sales of the affected Apple Watch models to resume from December 27, the following day, but the court reinstated the import ban order on this day, preventing Apple from selling these products in the U.S. again.
However, new versions of these models from Apple can be imported. On the 12th, the U.S. Customs and Border Protection (CBP) accepted the court's decision that the design changes Apple submitted for these models did not violate ITC regulations. Industry insiders estimate that Apple removed the disputed technology known as 'pulse oximetry' from the new versions of these models. The market expects Apple to resume sales with the modified products.
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