The International Trade Commission has officially denied one of Apple’s last-ditch attempts to halt the looming Apple Watch Series 9 and Apple Watch Ultra 2 ban over blood oxygen sensing patent fight with medical device maker Masimo. Apple’s last chance at avoiding the ban is a long shot veto the ITC’s decision by the White House.
In a filing on Wednesday, the US International Trade Commission (ITC) denied Apple’s motion to stay the ban while awaiting an appeal.
On Monday, Apple announced its plans to pull the Watch Series 9 and Ultra 2 from store shelves in response to an October ruling from the ITC, which said the company’s SpO2 sensors infringed on patents from medical device maker Masimo. The last day to purchase the Watch Series 9 and Ultra 2 from Apple stores is December 24th, while the import ban officially goes into effect on December 26th.
The U.S. ITC’s notice states, in part:
For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice.
The Commission vote for this determination took place on December 20, 2023.
MacDailyNews Take: As we wrote on Tuesday, “If the ITC ruling is not vetoed, and a hardware change is required, expect Apple to pay up and settle this imbroglio with an offer that Masimo cannot refuse.”
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Software update disabling the stupid pulse oximeter feature is all that’s needed. It’s irrelevant that the suing company ‘doesnt think the software update disabling the feature is enought’. If the feature isn’t there, it’s not infringing. That’s all apple has to do.
Yes disable it.
It’s not that great anyway.
If the hardware is part of the patent, simply changing/removing the software will probably be deemed insufficient. I have been searching for the actual patent to read it for myself. Does anyone know the patent number?
Yes MDN, make them an offer they can’t refuse…