A court filing from the International Trade Commission says that it opposes a stay on the Apple Watch import ban while appeals are made.
Masimo alleges that Apple has violated patents regarding blood oxygen detection in wearables. After a lengthy legal battle, Masimo won International Trade Commission (ITC) support for an import ban, which began on December 25 and subsequently was paused on December 27.
According to a report from Reuters, an ITC court filing with the U.S. Federal Circuit Court says it opposes a stay for the duration of appeals. The filing hasn’t yet changed Apple’s ability to sell Apple Watch Series 9 and Apple Watch Ultra 2 models, but it could soon, pending Federal Circuit Court judgment.
Apple is attempting to circumvent the import ban via software, which could be approved by U.S. Customs by Friday, January 12. If approved, Masimo wouldn’t be able to appeal Customs and would have to file a new case with the International Trade Commission to ban the modified Apple Watch models.
These appeals and battles will likely continue through 2024 until either Apple prevails, settles, or releases new hardware. The Apple Watch Series 10 is expected in September and would likely avoid violating Masimo patents altogether.