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Tag: blood

  • Apple Watch Series 9, Apple Watch Ultra 2, ban resumes following Apple’s legal appeal to keep devices on the market

    Apple Watch Series 9, Apple Watch Ultra 2, ban resumes following Apple’s legal appeal to keep devices on the market

    This is what they call a legal kerfuffle.

    The Apple Watch Series 9 and Apple Watch Ultra 2 ban will resume today at 5 AM ET, with the smartwatches remaining banned until the appeal has concluded.

    Apple’s bid to the US Court of Appeals for the Federal Circuit to keep the Apple Watch as-is on the market has failed. As a result, the Apple Watch sales and import ban resume imminently.

    Apple is currently in the process of writing a software patch that will disable the feature. It’s unknown if this will apply to every Apple Watch on the market, but preliminary indications are that it will only apply to devices it imports and sells.

    On December 25, an ITC order banned the import and sale of Apple Watch models that infringed on patents owned by Masimo, preventing their sale in the United States. On Wednesday, Apple managed to secure a reprieve.

    On December 27, Apple managed to secure an appeals court win to delay the import ban, allowing for the models to be sold in the United States once again.

    The company filed the motion on December 26, citing the potential for “irreparable harm” to its business.

    Third-party retailers who sell the Apple Watch remain unaffected, though they will have to depend on existing stock on hand for the moment.

    The issue, as mentioned before, centers around a patent infringement dispute between Apple and medical firm Masimo, which filed a lawsuit against Apple in the U.S. District Court, alleging that the blood pulse oximeter in the Apple Watch violated patents and that Apple had stolen trade secrets. In 2021, this was followed by a filing with the U.S. International Trade Commission (ITC). In the complaint, Masimo accused Apple of unfairly copying its products’ blood oxygen sensing feature.

    Apple tried to stop the ban by filing a motion for a stay of execution, but on December 20, the ITC denied it. The ITC ban was set to begin on December 25.

    The White House confirmed on December 19 that it was monitoring the potential ban, but it didn’t intervene and allowed the ITC ban to commence as ordered.

    Stay tuned for additional details as they become available.

    Via AppleInsider

  • Apple begins prepping Apple Watch Series 9/Apple Watch Ultra 2 blood oxygen sensor workaround

    Apple begins prepping Apple Watch Series 9/Apple Watch Ultra 2 blood oxygen sensor workaround

    When facing legal and patent-related kerfuffle, there’s always a workaround until things can be negotiated.

    In a filing posted on Monday, the U.S. Customs agency has handed down its decision on whether Apple’s proposed redesign of the Apple Watch Series 9 and Apple Watch Ultra 2 is enough to circumvent infringing on two Masimo patents related to the blood oxygen sensor.

    Per the Monday filing with the Federal Circuit, attorneys for Masimo say that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of” the ITC ruling. Apple’s redesign, however, is to remove the pulse oximetry features from newly sold devices. In essence, Apple’s Apple Watch Series 9 and Apple Watch Ultra 2 models will remain available with the blood oxygen readings for the time being while the US appeals court considers a stay during the ITC appeal period.

    As such, the U.S. Customs Department has noted that the Apple Watch Series 9 and Ultra 2 models do not infringe on Masimo patents so long as they don’t “contain pulse oximetry features.” This won’t impact existing owners of an Apple Watch with pulse oximetry features.

    Monday was the deadline for parties to file their support of or opposition to the ruling with the court. The US appeals court will then decide on whether or not to stay the Apple Watch ban through the duration of Apple’s entire appeal of the initial ITC ruling. The ITC has already voiced its opposition to Apple’s request.

    Stay tuned for additional details as they become available.

    Via 9to5Mac

  • Apple Watch import ban paused by appeals court following emergency request

    Apple Watch import ban paused by appeals court following emergency request

    This is why you have a legal department.

    The ban on imports of Apple Watch Series 9 and Apple Watch Ultra 2 units was paused on Tuesday, allowing for the devices to go back on sale for a short while longer within the United States.

    Apple filed an emergency request to the United States Court of Appeals following President Biden’s decision to decline a veto on the sales ban, allowing it to take effect earlier this week. The Court of Appeals for the Federal Circuit today accepted an interim stay while the court reviews Apple’s request for a full stay for the length of the appeal, effectively pausing the ban on Apple Watch imports for a brief period.

    In return, the International Trade Commission (ITC) has until January to file its response to Apple’s request for a full-on stay as the appeal plays out. The ITC initiated proceedings against Apple after Masimo accused Apple of hiring away its employees to steal technology related to blood oxygen monitoring and a patented sensor in the Apple Watch.

    Stay tuned for additional details as they become available.

    Via MacRumors and courtlistener.com

  • Following appeals court decision, Apple Watch Series 9, Apple Watch Ultra 2 units return to retail shelves, and will be relisted on Apple’s online storefront today

    Following appeals court decision, Apple Watch Series 9, Apple Watch Ultra 2 units return to retail shelves, and will be relisted on Apple’s online storefront today

    With the help of a U.S. appeals court decision, Apple has confirmed that its Apple Watch Series 9 and Apple Watch Ultra 2 units were available as of yesterday in retail locations and will return to Apple’s online storefront by tomorrow at noon PT.

    The company offered the following statement:

    “We are thrilled to return the full Apple Watch lineup to customers in time for the new year. Apple Watch Series 9 and Apple Watch Ultra 2, including the blood oxygen feature, will become available again in the United States at Apple Stores starting today and from apple.com tomorrow by noon PT.

    Apple’s teams have worked tirelessly over many years to develop technology that empowers users with industry-leading health, wellness, and safety features and we are pleased the U.S. Court of Appeals for the Federal Circuit has stayed the exclusion order while it considers our request to stay the order pending our full appeal.”

    The units became available from select Apple Store locations today, with broader availability by Saturday, December 30.

    Apple’s victory today puts the watch ban on hold until January 10. Apple has also submitted a software update that it believes will resolve the issue. The decision on whether or not that will satisfy the government is expected on January 12.

    Stay tuned for additional details as they become available.

    Via 9to5Mac

  • Apple removes Apple Watch Series 9, and Apple Watch Ultra 2 units from U.S. Apple Store inventory to comply with ITC ruling

    Apple removes Apple Watch Series 9, and Apple Watch Ultra 2 units from U.S. Apple Store inventory to comply with ITC ruling

    After days of hype, warnings, and workarounds, The Apple Watch Series 9 and Apple Watch Ultra 2 units, which were removed from Apple’s U.S. online store on Thursday, December 21, are being removed from Apple Store inventory.

    When Apple Stores reopen today, the Apple Watch Ultra 2 and Apple Watch Series 9 won’t be available.

    The Apple Watch sales ban comes as part of a long-running patent dispute between Apple and the medical device company Masimo. The ITC ruled in October that the blood oxygen sensor in the Apple Watch Series 9 and Apple Watch Ultra 2 infringes on two Masimo patents.

    Following the decision, the case was sent to the Biden administration for a 60-day Presidential Review Period. Throughout this period, Biden could review and veto the ruling but chose not to.

    As of today, Apple will be barred from importing or selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. Apple made the decision to remove the devices from its website on December 21 and from Apple Stores after today as part of its efforts to “preemptively” comply with the ITC’s ruling.

    Per Mark Gurman, Apple Stores have been sent new marketing materials that promote the Apple Watch SE, which remains available to buy because it lacks the blood oxygen sensor.

    Apple has also stated that it will “continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.” The company also stated that it will file an appeal of the ITC’s final decision with the US Court of Appeals for the Federal Circuit today.

    As it stands right now, there are no further details on how long the Apple Watch will be unavailable in the United States.

    In the meantime, Apple Watch Series 9 and Apple Watch Ultra 2 units can be purchased from other outlets such as Amazon and Best Buy, but will only be available while the current inventory lasts.

    Stay tuned for additional details as they become available.

    Via 9to5Mac and @markgurman