A federal appeals court on Wednesday ordered Apple to halt the US sale of its latest smartwatch models in a feud over patents with health company Masimo.
Apple Eyes Long-Term Software Fix for Apple Watch Series 9, Ultra 2 While Appealing Ban
29.12.2023 - 06:00 / tech.hindustantimes.com / Fix For
Apple Inc., facing a ban on imports of its watches that generate billions in annual sales, is seeking alternate paths to overcome the patent-infringement loss that forced the most popular Apple Watch models off shelves over the holidays. The Cupertino, Calif.-based tech giant won a temporary reprieve from a federal appeals court Wednesday, two months after the US International Trade Commission ruled the smartwatches infringed patents held by medical-device maker Masimo Corp.—and one day after the device's US sales halted. The Apple Watch Series 9 and Apple Watch Ultra 2 returned to Apple's US retail stores, and will be available online by noon Pacific Time on Thursday, the company said.
Winning the brief stay fulfilled one part of Apple's multi-pronged approach to recover from the ITC's decision. Apple's plans for a comprehensive solution to the patent fight also include redeveloped software now submitted to a US customs agency that could allow it to sell noninfringing versions of the devices as soon as Jan. 12, all while continuing to appeal the ITC loss.
Apple is “working desperately” to pull all available levers “to try and procedurally shut down the ITC by getting a stay from somebody,” said Smith R. Brittingham IV, who leads the ITC litigation practice at Finnegan, Henderson, Farabow, Garrett & Dunner LLP.
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A Christmas Day deadline passed without the Biden administration vetoing the ITC's orders after its late-October finding that certain Apple Watch models infringe Masimo's patents. Apple quickly appealed to the Federal Circuit to review the ITC's findings and overturn its orders. It also filed an emergency request to pause enforcement of the ITC's ban until its motion for a full stay pending appeal is resolved. The Federal Circuit gave the ITC until Jan. 10 to respond to Apple's request for a stay that would last for the duration of the company's appeal. For now, though, the agency's decision and import ban still stand, but enforcement of them is on pause.
Oral arguments in Apple's case before the exclusion order enforcement branch of US Customs and Border Protection are set for Thursday.
Apple's pursuit of a software workaround is distinct from its legal efforts to reverse the ITC's decision. The ITC said that a victory before the Customs tribunal would only reinforce the court's original decision.
“That forthcoming Customs decision on the redesigns has no bearing on the status of the infringing Apple Watch products, and in fact, a favorable decision by Customs would further undermine any assertion of irreparable harm,” the ITC told the Federal Circuit in a Dec. 26 letter responding to Apple's filings.
The timeline for a patent-related appeal at the Federal
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