Patent dispute - Stage victory in court: Apple starts selling its watches
Apple is resuming sales of its computer watches in the USA after an appeals court temporarily suspended the import ban imposed in a patent dispute.
The current Apple Watch Series 9 and Apple Watch Ultra 2 models will be available to order online again at midday US West Coast time, as the company announced on its website. Sales had already started in some Apple Stores on Wednesday, a spokeswoman told the technology blog "The Verge".
Accusation against Apple
Masimo, another US medical technology company, accuses Apple of using its patented technology for measuring oxygen levels in the blood in its watches without a license. Masimo prevailed in October in proceedings before the US trade authority ITC, which banned the import of the affected Apple Watch models into the USA. The White House could still overturn the decision with a veto, but decided against it. The dispute has no impact on sales in other countries.
Apple appealed to an appeals court on Tuesday, which on Wednesday granted an emergency appeal by the company to temporarily suspend imports. The court in the capital in Washington also gave the US trade authority ITC until January 10 to respond to Apple's request for a longer pause.
Software change as a solution
Apple stopped selling the Watch Series 9 and Ultra 2 models in the US last week as a precautionary measure. However, Apple was able to continue offering the cheaper Watch SE version, as it does not have a sensor to measure the oxygen content in the blood. Other US retailers such as Best Buy were also allowed to sell previously introduced stocks of all Apple Watches. Apple had introduced the sensor in the 2020 models.
Apple's important pre-Christmas business was probably largely up and running before the import ban. However, this caused problems for US consumers, for example with exchanges or repairs. Masimo emphasized that it was open to a licensing agreement with Apple. However, the iPhone group denies infringing the company's patents.
Apple is attempting to circumvent Masimo's patents with a software change. A decision is to be made by mid-January as to whether the US authorities will accept this as a solution.
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Apple's appeal to the Court of Appeal resulted in a temporary suspension of the import ban, allowing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 to resume in the USA. This decision comes after a patent dispute with Masimo, a medical technology company, over the use of patented technology for measuring oxygen levels in the blood.
The software giant has introduced a software change in an attempt to circumvent Masimo's patents, with a decision expected by mid-January. Meanwhile, the import ban has not affected sales of the Apple Watch SE or other Apple Watches in other countries.
The patent dispute in the US telecommunications sector, particularly involving software and medical technology, is gaining attention. This is not the first such case, as businesses often engage in intellectual property disputes to protect their innovations.
Apple's win in the Court of Appeal can be considered a significant stage victory for the tech giant, regardless of the final decision. This victory would enable Apple to continue its expansion in the wearable technology market, including its popular watch products.
The patent dispute highlights the growing importance of software in various industries, such as telecommunications and medical technology. Companies develop and implement advanced software features to differentiate their products, leading to competition and potential patent disputes.
The resolution of this patent dispute will have implications for other companies in the tech industry, particularly those involved in business with medical technology or telecommunications services. Apple's software change could potentially become a standard method for measuring oxygen levels in wearable technology products, altering the market dynamics in this sector.
Source: www.stern.de
