Apple Strategically Seeks to Circumvent Watch Ban While Appealing Patent-Infringement Ruling
Apple Inc. (AAPL) is taking strategic steps to bypass a ban on its popular watch models while simultaneously appealing the patent-infringement ruling that led to the prohibition. The company is working on new software that could potentially allow the sale of noninfringing versions of the devices as early as January 12, according to Bloomberg.
The ban on Apple’s Watch Series 9 and Ultra 2 models was imposed by the U.S. International Trade Commission (ITC) in October after it determined that Apple had violated patents owned by medical device manufacturer Masimo Corp (MASI). This ban resulted in the removal of these popular watch models from the U.S. market during the holiday season.
However, Apple was able to obtain a provisional stay, allowing the devices to be sold in its U.S. retail stores and online from Thursday onwards. The company is also appealing the ITC’s decision and is looking for ways to shut down the ITC procedurally, according to Smith R. Brittingham IV, who leads the ITC litigation practice at Finnegan, Henderson, Farabow, Garrett & Dunner LLP.
After the White House declined to intervene, Apple decided to appeal the ban imposed by the ITC. The ban was a result of accusations that Apple had infringed on two health-technology patents owned by Masimo Corp. Apple has petitioned the Federal Circuit to reconsider the ITC’s verdict and revoke its orders. The Federal Circuit has temporarily halted the ban and has given the ITC until January 10 to respond to Apple’s plea for a suspension during the duration of the appeal.
The development of new software by Apple is a strategic move to potentially offer noninfringing versions of its watch models while the appeal process is ongoing. This would allow Apple to continue selling its watches without violating the patents in question. By submitting the software to a U.S. customs agency, Apple hopes to receive approval for the sale of these modified devices.
The outcome of Apple’s appeal and its efforts to circumvent the ban will have significant implications for the company and the wearable tech industry as a whole. Apple’s watch models are highly popular and have a significant market share. The company’s ability to find a solution that complies with the patent laws while still offering its products to consumers will be closely watched.
In conclusion, Apple is actively seeking ways to bypass the ban on its watch models while appealing the patent-infringement ruling. The development of new software and the submission to a customs agency are part of Apple’s strategy to continue selling its watch models without infringing on the patents owned by Masimo Corp. The outcome of this legal battle will have a significant impact on Apple’s future in the wearable tech industry.
