On Wednesday, the US International Trade Commission (ITC) has rejected Apple’s plea to delay the import ban on its high-end smartwatches.
In response to an October ruling from the ITC, the tech giant announced on December 18 its decision to remove its Watch Series 9 and Ultra 2 from store shelves. The ruling determined that the pulse oximeter included on the Apple watches infringed on patents held by US health tech group Masimo.
The Watch Series 9 and Ultra 2 are available at Apple stores until Sunday, while the import prohibition is set to start on Tuesday. The Cupertino-based company is reportedly considering options to stop the ban, with possible strategies including employing software modifications.
The ITC said it had rejected Apple’s motion to stay remedial orders pending appeal or considering a potential government shutdown. The company has not provided any statements regarding the issue.
The prohibition only applies in the US, although third-party retailers like Best Buy could still sell the smartwatches until they are out of stock. While Apple’s effort to prevent the ban was unsuccessful, there remains an opportunity to reverse the decision if President Joe Biden rejects it.
However, senior reporter Victoria Song stated that the likelihood of Apple obtaining a presidential veto is significantly low.
Apple’s Defeat Against Masimo is an Unlikely Example
In addition to the ban on its high-end watches, Apple is facing the repercussions of the Biden administration’s decision in February to veto another ITC import prohibition and a cease-and-desist order caused by its dispute with AliveCor over an electrocardiogram (ECG) patent on the Apple Watch.
Like Masimo, AliveCor alleged that the iPhone maker appropriated its technology to develop the ECG feature, thereby violating patents.
However, the outcome of the other case does not predict the other’s resolution, emphasizing the different nature of each legal battle.
While the ITC approved AliveCor’s import ban, it had no impact as the Patent Trial and Appeal Board deemed the company’s EKG tech not patentable. To remove Apple Watches with EKG features from the market, the medical device firm would first need to succeed in appealing the ruling.
