The United States Court of Appeals for the Federal Circuit (CAFC) has granted Apple a temporary permit to resume the sale of Apple Watches, which were previously prohibited under a decision by the International Trade Commission (ITC). The ITC ruled that these watches infringed on two patents owned by Masimo, a company specializing in blood oxygen level measurement technology. Apple had already halted sales of these watches pending a decision. However, with the temporary permit granted, the watches can now be sold again.
In December, President Biden did not veto the ITC’s decision, making it final. Following this, Apple filed a request for a temporary stay of the ruling pending the CAFC’s review. The ITC also requested an extension to respond to the request. The CAFC granted both the temporary stay and the extension, allowing Apple to resume selling the previously withdrawn watches.
Apple has expressed strong opposition to the ITC’s decision and plans to continue the legal battle. Masimo, the company that filed the complaint with the ITC, claimed that Apple had met with them in 2013 to discuss incorporating their technology into the Apple Watch and then hired former Masimo employees. Masimo also argued that Apple’s blood oxygen level measurements are inaccurate and pose a threat to public health.
It is worth noting that Masimo has introduced its own wrist-worn device, the Masimo W1™, which claims to provide accurate continuous health data, including blood oxygen level, hydration level, and vital signs.
Apple’s emergency motion argues that the ITC’s decision was based on speculation and hearsay evidence and is likely to be overturned on appeal. The company has until January 15, 2024, to file a response to the ITC’s reply.
In summary, Apple has received a temporary permit to sell Apple Watches that were previously banned by the ITC. The legal battle between Apple and Masimo will continue, with Apple intending to appeal the ITC’s decision.
Stay tuned for more updates on this matter.
The source of the article is from the blog revistatenerife.com