Several lawyers at the International Trade Commission (ITC) are contemplating reinstating a sale ban on the Apple Watch. This consideration arises from concerns about specific Apple Watch models that utilize advanced technology believed to infringe on Masimo Corporation’s patents. Particularly, these models include features for measuring blood oxygen levels, a capability directly linked to Masimo’s patented technology. The integration of such medical technology without authorization is deemed a significant legal violation. Presently, this feature is available in Apple Watch Series 6 and subsequent models.
The ITC’s perspective on Apple’s appeal in this case is rather pessimistic. They assert that even if Apple’s appeal is successful, it won’t significantly alter the company’s overall legal position. The ITC’s stance is that unless Apple undertakes considerable changes in its hardware design, the company will persist in violating Masimo’s patent rights.
Consequently, the legal team suspects that Apple may have engaged in unethical practices by acquiring trade secrets and hiring staff from Masimo to develop similar technologies.
Apple Watch Sales Might Plummet After the Ban
In an attempt to avert the proposed sales ban, Apple has indicated its readiness to adapt its products to comply with regulatory standards and avoid patent infringement. Rather than seeking a financial settlement with Masimo, Apple plans to implement modifications at the software level. The US Customs and Border Protection agency should evaluate the sufficiency of these proposed changes in the coming week.
However, both Masimo and the ITC are sceptical of Apple’s software-centric approach. They suggest that it may be insufficient to address the core issue. They argue that they might need substantial hardware alterations to resolve the patent infringement concerns fully.
Until January 15th, parties have the opportunity to submit supporting statements for either the ITC or Apple. Apple Watch sale will continue during this interim period. Following this deadline, the court will decide on the potential implementation of a sales ban.
As the trial progresses, current indications suggest that Masimo may have the upper hand in this legal battle, potentially affecting Apple Watch 6 sales.
