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The U.S. International Trade Commission issued an order that could bar Apple from importing its Apple Watches due to Patent Infringement

1 cover Blood Oxygen legal battle

In January 2020 Patently Apple posted an in-dept report titled “Apple was sued this week for Patent Infringement by Medical Device Pioneers over key Apple Watch Technologies.” The company suing Apple was Masimo whose Formal Complaint before the court stated that “Masimo is a medical technology company that revolutionized noninvasive monitoring of physiological parameters, such as pulse rate, arterial oxygen saturation and many others.”

Apple counter sued Masimo with two court filings in October 2022 (01 and 02). In April of this year, a Federal Judge in Santa Ana, California, dismissed Masimo’s business and marketing claims against Apple that amounted to $1.85 Billion. But the case is far from over.

Today, U.S. News reports that “The U.S. International Trade Commission (ITC) on Thursday issued an order that could bar Apple from importing its Apple Watches after finding the devices violate medical technology company Masimo's patent rights.

The full commission upheld a judge's ruling from January that Apple violated Masimo's rights in light-based technology for reading blood-oxygen levels.

The decision will not have an immediate effect since it now faces presidential review and possible appeals.

President Joe Biden's administration will have 60 days to decide whether to veto the import ban based on policy concerns before it goes into effect. Presidents have rarely vetoed bans in the past.

Apple can appeal the ban to the U.S. Court of Appeals for the Federal Circuit after the review period ends.

"Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of U.S. consumers while making way for their own watch that copies Apple," an Apple spokesperson said. "While today’s decision has no immediate impact on sales of Apple Watch, we believe it should be reversed, and will continue our efforts to appeal."

Masimo Chief Executive Officer Joe Kiani said the decision "sends a powerful message that even the world's largest company is not above the law." For more, read the full report from U.S. News.

10.0F2 - Patently Legal

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