The Guardian Australia

Win for Apple as US appeals court pauses Apple Watch ban

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Apple scored a victory on Wednesday when a US appeals court paused a government commission’s import ban on some of the company’s popular Apple smartwatch­es following a patent dispute with a medical-technology firm, Masimo.

The tech giant had filed an emergency request for the US court of appeals for the federal circuit to halt the order, after appealing the US Internatio­nal Trade Commission’s (ITC) decision that it had infringed Masimo’s patents.

Representa­tives for Apple and Masimo did not immediatel­y respond to requests for comment.

In a four-paragraph ruling, the appeals court said it would halt the ban while it considers Apple’s motion for a longer-term pause during the appeals process. The court gave the ITC until 10 January to respond to Apple’s request.

Joe Biden’s administra­tion declined to veto the ban on Tuesday, allowing it to take effect. Apple asked for a pause of the ban later that day.

Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporat­ing it into Apple Watches.

The ITC barred imports and sales of Apple Watches with technology for reading blood-oxygen levels. Apple has included a pulse oximeter feature in its smartwatch­es starting with its Series 6 model in 2020.

Apple has paused sales of its Series 9 and Ultra 2 smartwatch­es in the US, though the watches have remained available at other retailers including Amazon, Best Buy, Costco and Walmart.

The ban does not affect the Apple Watch SE, a less-expensive model without a pulse oximeter. Previously sold watches also will not be affected by the ban.

A jury trial on Masimo’s allegation­s against Apple in California federal court ended with a mistrial in May. Apple has separately sued Masimo for patent infringeme­nt in federal court in Delaware and called Masimo’s legal actions a “maneuver to clear a path” for its own competing smartwatch.

Apple’s wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in $8.28bn in revenue during the third quarter of 2023, according to a company report.

Masimo shares were down almost 5% following the decision, and Apple shares were almost flat.

 ?? ?? An Apple smartwatch at an Apple store in New York. Photograph: Eduardo Muñoz/Reuters
An Apple smartwatch at an Apple store in New York. Photograph: Eduardo Muñoz/Reuters

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