With no veto from Biden, Apple files an appeal against ITC’s Apple Watch Exclusion Order and plans a redesign،
The silence from the White House yesterday was deafening for Apple. Yes, it was Christmas Day, but it was also the end of the 60-day presidential review period for the ITC's exclusion order against Apple and certain Apple Watch models that cannot no longer be sold in the United States. Apple was hoping for a presidential veto like the one it received from President Obama in 2013 when the ITC ordered an import ban on certain iPhone and iPad models sold by AT&T after it was found that Apple had violated certain Samsung patents.
The President's decision was confirmed today by the office of U.S. Trade Representative Katherine Tai. A press release issued by the office said: “After extensive consultations, Ambassador Tai decided not to reverse the ITC's determination and the ITC's decision became final on December 26, 2023.”
Apple followed the ITC's exclusion order ahead of schedule by removing the offending Apple Watch Series 9 and Apple Watch Ultra 2 from Apple's U.S. online store on December 21 and from physical Apple Stores Americans on Christmas Eve. The watches infringe on patents owned by Masimo for hardware that allows the watches to calculate the oxygen level in the user's blood. The pulse oximeter is not a feature of the Apple Watch SE 2 allowing this model to remain on the virtual and real shelves of the online and physical Apple Stores. Third-party retailers like Best Buy, Target and Walmart may continue to sell the offending products while supplies last.
Among the 2023 releases, only the Apple Watch SE 2 can be promoted in the United States by Apple
CNN indicates that Apple has filed an appeal with the United States Federal Circuit Court asking it to vacate the ITC's exclusion order. Apple said today that it not only hopes for a reversal on the legal side, but also plans to submit to U.S. Customs (the agency responsible for ensuring compliance with ITC import bans) a redesign of Apple Watch Series 9 And Apple Watch Ultra2 models. Apple hopes the redesign will still allow the watches' pulse oximeter to do its job, but in a different enough way that it doesn't infringe on Masimo's patents.
In a statement, Apple said: “At Apple, we work tirelessly to create products and services that have a meaningful impact on people’s lives. This is what drives our teams (clinical, design and engineering) to dedicate years to developing scientifically validated health, fitness and wellness. features for Apple Watch. We strongly disagree with the USITC's decision and resulting exclusion order, and are taking all steps to return Apple Watch Series 9 And Apple Watch Ultra2 to customers in the United States as soon as possible. »
