The latest report from the United States International Trade Commission (ITC) has ordered a halt to the sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in America. This is due to a patent infringement on the blood oxygen level sensor by Masimo. However, the US appellate court has temporarily suspended the ban, allowing Apple to continue selling these two models of the Apple Watch.
According to Masimo’s latest submission to the central court, the US customs agency has ruled that Apple has designed a new product that falls outside the scope of the ITC ban. Furthermore, there are reports indicating that Apple has already started shipping both models of the Apple Watch, which disabled the blood oxygen level measurement function, for sale at Apple Stores across the United States. However, we must wait for the final decision before making any conclusions. For now, the regular version of the Apple Watch is still available for purchase.
Despite the notification for additional information sent to both Apple and Masimo, the ITC has not yet made a final decision. It is possible that the temporary ban may be lifted or the sale of the feature-cut version of the Apple Watch may be permitted in America. Alternatively, it could be argued that this particular model of the Apple Watch still infringes on Masimo’s patent.
TLDR: The US ITC initially banned the sales of Apple Watch Series 9 and Apple Watch Ultra 2 for patent infringement. However, the ban has been temporarily suspended by the appellate court, allowing Apple to continue selling the watches. A further decision is yet to be made by the ITC after receiving additional information from Apple and Masimo.
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