The National - News

Apple challenges ban on its watches as blood oxygen patent war continues

- MARWA HASSAN

Apple has announced its intention to appeal against a US import ban on its latest smartwatch models.

The decision comes after US President Joe Biden’s administra­tion chose not to veto a ruling regarding patent infringeme­nts.

The ban affects Apple Watch Series 9 and Ultra 2 models, which are no longer available in stores or online.

The move is an extension of a broader legal battle in the technology industry over valuable patents, similar to the continuing dispute between Google and Sonos over speaker technology. The US Internatio­nal Trade Commission had decided in October to ban the two Apple Watch models due to a patented technology related to blood-oxygen level detection.

The complaint, originatin­g in mid-2021, was filed by medical device maker Masimo, which accused Apple of infringing on their “light-based oximetry functional­ity”.

US Trade Representa­tive Katherine Tai, after consultati­ons, opted not to reverse the ITC’s decision, making the ban effective as of December 26.

While the US President’s office holds the authority to reverse such bans, it is an infrequent occurrence.

Masimo views the ban as a victory for the US patent system and consumers, supporting innovation. Apple disagrees with the ITC’s decision, having already filed an appeal in US federal court.

The company pre-emptively pulled the products from its online store on December 21 and stopped sales at retail locations three days later.

Cupertino-based Apple has been enhancing the health and fitness features of its watches with each iteration.

The Apple Watch Series 9, released in September, included increased performanc­e and health data accessibil­ity.

Masimo claims that it invented the disputed technology and alleges that Apple hired its employees to gain access to this knowledge.

However, Apple accuses Masimo of using litigation to promote its own products inspired by the Apple Watch. Masimo’s product recently received US regulatory clearance for both prescripti­on and over-thecounter use.

In response to the ban, Apple also filed patent infringeme­nt lawsuits against Masimo. However, a jury trial on Masimo’s allegation­s ended in a mistrial in May.

Apple’s appeal and the continuing dispute highlight the intense competitio­n and legal complexiti­es in the tech industry, especially regarding patents and innovation.

Apple Watch, a significan­t product in Apple’s portfolio, has been a market leader in the smartwatch category.

The dispute with Masimo represents a critical challenge for Apple, impacting its strategy and product offerings.

The outcome of this legal battle could have broader implicatio­ns for patent law and innovation in the tech industry.

 ?? AFP ?? Apple Watch Series 9, left, and Ultra 2 have been taken off shelves by the Cupertinob­ased company
AFP Apple Watch Series 9, left, and Ultra 2 have been taken off shelves by the Cupertinob­ased company

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