ITC Denies Apple's Request for a Stay on Looming Apple Watch Import Ban

[MacRumors]

The U.S. International Trade Commission today denied Apple's motion to stay a looming Apple Watch ban while Apple files for appeal [PDF via The Verge], which means one avenue avoiding a pause in sales has been exhausted.

Apple filed the appeal on October 30, aiming to prevent an import ban from going into effect while an appeal was underway, but the ITC said no to the request. The ITC has ordered Apple to stop importing Apple Watch blood oxygen sensor equipment that infringes on patents owned by medical device company Masimo.

U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2 are set to stop online after 12:00 p.m. on Thursday, December 21. In-store sales will stop after December 24. The sales ban is limited to the United States and only impacts Apple. Best Buy, Walmart, Target, and other retailers can continue to sell the Apple Watch Ultra 2 and Series 9 until supplies are exhausted.

The ITC implemented the import ban after deciding that Apple had indeed violated Masimo patents with the blood oxygen monitoring technology in the Apple Watch, which Masimo has been claiming for years.

Apple could avoid an import ban if the White House vetoes the ITC's decision, but it is so far looking like that might not happen. The White House has until December 25 to decide whether it will step in. Back when the iPhone was facing an import ban because of a patent dispute with Samsung, then-President Barack Obama did veto the ITC's ruling, but this time Apple is in a dispute with an American company and it is over a product that is not as pivotal as the iPhone.

Apple is working to update the algorithms used in the Apple Watch blood oxygen sensor in an attempt to skirt the ban, and the company said that it plans to submit a workaround. While Apple thinks it can avoid patent infringement through a software update, Masimo has said that a software update will not work.

Article Link: ITC Denies Apple's Request for a Stay on Looming Apple Watch Import Ban

 

[rukia]

It wasn't likely that the ITC would go against their own decision.

 

[goonie4life9]

This seems slightly worse than the Apple Maps debacle and yet no one has lost their job. I wonder why that is.

 

[Apple Fan 2008]

This will likely end in Apple buying Masimo.

 

[Mlrollin91]

It wasn't likely that the ITC would go against their own decision.

Its not uncommon for things to be stayed pending an appeal. Its not a matter of going against their own decision.

 

[ProfessionalFan]

Procedural move, Apple had to try it but no surprise here.

 

[GMShadow]

This will likely end in Apple buying Masimo.

Masimo is worthless, and this FTC would likely sue to block anyway.

Apple needs to countersue over this turd.

 

[WarmWinterHat]

Masimo is worthless, and this FTC would likely sue to block anyway.

Worthless? Masimo has their equipment (which is not that watch you have a photo of) in every hospital in North America, and a generous slice of Europe. We (hospital I work at) buy a lot of their sensors yearly.

Hardly. Current estimates are $6-10 billion.

 

[ProfessionalFan]

Masimo is worthless

Far from it. Sure they are worth a lot less than Apple, but they do have value.

 

[Naraxus]

Good. It's about time Apple pays for their patent thievery

 

[Naraxus]

Masimo is worthless, and this FTC would likely sue to block anyway.

Apple needs to countersue over this turd.

That's one of the most ignorant comments I've seen here. Masimo is FAR from worthless

 

[ghostface147]

Sometimes you have to pay the piper.

 

[GMShadow]

Worthless? Masimo has their equipment (which is not that watch you have a photo of) in every hospital in North America, and a generous slice of Europe. We (hospital I work at) buy a lot of their sensors yearly.

Hardly. Current estimates are $6-10 billion.

That's their product.

They barely clear a billion in top-line revenue, after being in business for decades.

 

[WarmWinterHat]

That's their product.

They barely clear a billion in top-line revenue, after being in business for decades.

No, it's not. They have a whole lines of medical grade sensors that don't have screens and connect to hospital equipment. I have some sitting in a storage room right next to me.

 

[erikkfi]

Apple is entering the "find out" stage.

 

[surfzen21]

Worthless? Masimo has their equipment (which is not that watch you have a photo of) in every hospital in North America, and a generous slice of Europe. We (hospital I work at) buy a lot of their sensors yearly.

Hardly. Current estimates are $6-10 billion.

Please don't come to macrumors with logic and/or facts. This is not the place for that type of nonsense. 🤣
🥲

 

[LogicalApex]

This seems slightly worse than the Apple Maps debacle and yet no one has lost their job. I wonder why that is.

Lose their job why?

Apple is aware of the issue and they prefer to push it as far as they want to. They could license the patent if they wanted to.

Same pattern they had against Qualcomm. They eventually caved, but are still trying to build around the patents while simultaneously paying Qualcomm for their modems.

Apple has enough money and expertise that these decisions are made with them seeing them as their best choices. They aren’t understaffed or undercapitalized. No one should be fired in that context.

 

[beermode]

This place is a great display of the Dunnig Kruger effect.

 

[Dulcimer]

LOOOOL

Deserved.

 

[GMShadow]

No, it's not. They have a whole lines of medical grade sensors that don't have screens and connect to hospital equipment. I have some sitting in a storage room right next to me.

https://www.mddionline.com/digital-...health-watch-for-consumers-on-a-limited-basis

Literally their product.

Lose their job why?

Apple is aware of the issue and they prefer to push it as far as they want to. They could license the patent if they wanted to.

Same pattern they had against Qualcomm. They eventually caved, but are still trying to build around the patents while simultaneously paying Qualcomm for their modems.

Apple has enough money and expertise that these decisions are made with them seeing them as their best choices. They aren’t understaffed or undercapitalized. No one should be fired in that context.

Assimo doesn't want to license their patents, they want 1.8 billion dollars and co-ownership of Apple's patents on their sensors for a perpetual revenue stream.

 

[toobravetosave]

Apple could stand in the middle of 5th avenue and shoot somebody and they wouldn’t lose MacRumors customers

 

[I7guy]

This seems slightly worse than the Apple Maps debacle and yet no one has lost their job. I wonder why that is.

Because in one the major revenue avenue was affected globally and the other an important lifestyle product is affected only in the US?

 

[Naraxus]

This seems slightly worse than the Apple Maps debacle and yet no one has lost their job. I wonder why that is.

Because Tim hasn't found anyone he can throw under the bus like he did Forstall.

 

[I7guy]

Lose their job why?

Apple is aware of the issue and they prefer to push it as far as they want to. They could license the patent if they wanted to.

Same pattern they had against Qualcomm. They eventually caved, but are still trying to build around the patents while simultaneously paying Qualcomm for their modems.

Apple has enough money and expertise that these decisions are made with them seeing them as their best choices. They aren’t understaffed or undercapitalized. No one should be fired in that context.

You’ll lose forums creds responding to a hyperbolic post with precision logic and reasoning. But yeah, apple could settle, we don’t know the behind the scenes.

 

[CarAnalogy]

Watch App > General > Software Update > Automatic Updates > Off

Might as well do it now.