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Apple Watch drops blood oxygen features to dodge import ban

apple Redesigned Apple Watch The medical monitoring technology company said in a court filing that it can avoid a ban on imports of certain new models stemming from the tech giant's patent infringement dispute with Masimo.

America international trade commission (ITC) last month found that the Apple Watch Series 9 and Ultra 2's pulse oximeters, which read blood oxygen levels, infringed Masimo's patents and imposed an import ban on these products. Apple appealed the ruling and was granted a reprieve pending a decision from U.S. Customs and Border Protection (CBP), which is determining whether the redesigned watch is subject to the ITC's ban.

Masimo's attorneys said in a court filing that CBP's Cease and Desist Enforcement Division determined on Friday, Jan. 12, that “Apple's redesign is outside the scope of the remedial order” under the ITC's restraining order. Ta. The filing said Apple explained that the redesigned watch “does not include pulse oximetry functionality.”

Additionally, Apple claims that certain information from the exclusion order enforcement hearing is confidential, so a copy of the CBP decision is not included in the filing and has not been made public, it added.

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Apple redesigned the Apple Watch, which is at the center of a patent infringement dispute with Masimo, to avoid an import ban, Masimo said in a court filing. (Photographer: Gina Moon/Bloomberg via Getty Images/Getty Images)

“Apple's claims conclude that the EOE Branch's decision finding that the redesign falls outside the scope of the remedial order precludes the irreparable harm Masimo claimed,” the filing states. is stated.

ticker safety last change change %
AAPL Apple. 183.63 -2.29 -1.23%
Better Masimo Co., Ltd. 120.10 +1.78 +1.50%

A spokesperson for Masimo told FOX Business: “Apple's assertion that the redesigned watch does not include pulse oximetry is a positive step in fulfilling its responsibility. It is especially important that companies respect the intellectual property rights of small and medium-sized enterprises.” If a violation is found, you will be subject to ITC orders. ”

Apple did not immediately respond to a request for comment.

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Apple Watch Series 9 Ultra 2

The Apple Watches affected by the import ban are the Series 9 and Ultra 2 smartwatches, which are equipped with a pulse oximeter that reads blood oxygen levels. (Photographer: Gina Moon/Bloomberg via Getty Images/Getty Images)

Apple has included pulse oximeter functionality in its smartwatches since the release of Apple Watch Series 6 in 2020.

Mr. Masimo sued Apple that winter, accusing the company of stealing trade secrets and infringing patents related to technology that reads blood oxygen levels. Apple then countersued Masimo as follows: patent infringement, claimed that the action was a legitimate “clearance maneuver” for competing smartwatches. Masimo released his W1 watch in 2022, which tracks blood oxygen levels and other health metrics.

In 2021, Masimo asked the ITC to block the import and sale of Apple Watches that allegedly infringed patents. This led to an ITC ruling in Masimo's favor last year, and a ban that went into effect in December.apple easy Sales temporary suspension Apple had stopped selling its Series 9 and Ultra 2 watches before Christmas before the ruling, but resumed sales after the Federal Circuit announced it would put the ban on hold while it considered Apple's appeal.

apple watch

Last month, Apple temporarily suspended sales of the Apple Watch Series 9 and Ultra 2 due to the import ban. The reportedly redesigned watch does not include the pulse oximetry technology that is at the center of the controversy. (Photographer: Krisztian Bocsi/Bloomberg via Getty Images / Getty Images)

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Apple's appeal is pending in the Federal Circuit, which could continue or reinstate the ban on Series 9 and Ultra 2 Apple Watches with unredesigned pulse oximetry technology. . The company said Monday that it expects the appeal to take at least a year.

Versions of Apple Watch that don't include blood oxygen sensor It is not affected by patent disputes and can continue to be sold without redesigning.

Reuters contributed to this report.

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