Enlarge / The Apple Watch Series 9 will be released in September 2023.
Apple
Just before Christmas, Apple removed two of its latest smartwatches from stores. The cause was not an unwelcome visit from the ghost of mechanical watches past, but rather the International Trade Commission finding that the California-based computer maker had infringed some patents, leading to the ITC banning the import of these watches. Yesterday, Portal reported that Apple had filed an emergency application with the courts to overturn the ban and would appeal the ITC ruling.
And today, the U.S. Court of Appeals for the Federal Circuit granted Apple's wish, suspending the ban while it considers the tech company's argument.
The problems with Apple's watches began in January. At that time, a court found that the light-based pulse oximetry sensor (on the back of the watches) infringed patents owned by Masimo, a medical device manufacturer also based in California.
At the time, Apple said that because Masimo was not a consumer-focused company, it had decided not to partner with or acquire the medical device maker. For his part, Masimo said Apple pushed the talks forward, then took up his idea and hired Masimo engineers.
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In October, the ITC confirmed the violation ruling and initiated the process to ban the import of the watches. This gave US President Joe Biden's government 60 days to review the case and possibly veto the ruling.
But the Biden administration has decided not to interfere, unlike in 2013, when the Obama administration vetoed a ban on iPhones and iPads during a patent dispute between Apple and Samsung. Although the ITC's import ban on the Apple Watch Series 9 and Ultra 2 models was set to take effect on December 26, Apple withdrew the watches from sale a few days earlier. The older Apple Watch SE, which doesn't use the offending blood oxygen sensor, remains on sale.
“We strongly disagree with the USITC's decision and the resulting exclusion order and are taking every action to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as quickly as possible,” Apple said in a statement.
Apple had asked the CAFC to suspend the ban until U.S. Customs and Border Protection decides whether redesigned Apple Watches no longer infringe Masimo's patents. This decision should be made by January 12th. Now the court has given the ITC a deadline of January 10th to respond to Apple.
This article was updated shortly after publication to reflect the court's lifting of the import ban.