The Apple Watch 9 and Ultra 2 could be banned again, as the US International Trade Commission (ITC) is not fully convinced by Apple’s argument that the wearables should remain on sale.
MacRumors recently discovered a document written by ITC lawyers for the U.S. Court of Appeals opposing the tech giant’s efforts to extend the pause on the Apple Watch ban. The smartwatch developer is currently appealing the case. The lawyers claim that “Apple (presents) a weak and unconvincing case” and allege that the brand aims to “continue to infringe its asserted patents.”
If you’re not familiar with the story, the ITC ruled in October that Apple had infringed patents owned by health technology company Masimo. The patents apply to the blood oxygen sensors on certain Apple Watch models. As a result, the wearables could not be sold. The tech giant indeed removed the products from physical store shelves and its online store for a few days at the end of December. However, Apple successfully appealed the court’s decision and managed to suspend the ban.
Apple’s last chance
It’s worth pointing out that Masimo extended an olive branch a few weeks ago. Masimo CEO Joe Kiani told Bloomberg he’s willing to talk things out with Apple, reach a settlement with them, and perhaps even “work with (the company) to improve their product.” It is not known how much money Kiani was seeking in the settlement.
Despite Masimo’s efforts, the peace talks were met with total silence by Apple. Instead, it appears that the brand would prefer to address the alleged infringement itself.
Reports from last month said Apple developers were working on an update that would disable blood oxygen monitoring on the smartwatches. These changes must be approved by the US Customs and Border Protection Agency (CBP) before they are officially rolled out to users. This statement should have already been made by the time I write this. However, when we checked CBP’s recent Decisions pagethere was nothing on it regarding the Apple Watch.
ITC attorneys are of course aware of this tactic, going so far as to say that Apple’s hopes of getting the right ruling from CBP are “misplaced.”
Possible ban soon
MacRumors further says that the Court of Appeal is currently accepting responses from third parties who agree with the ITC until Monday, January 15. On that date, it is possible that both Apple Watch models will be banned for a second time. It’s hard to say for sure. If you want the full details of the situation, MacRumors has the ITC document for free on Scribd.
While we’ve got you, check out Ny Breaking’s list of the best smartwatches for 2024. You might need a new one.