The government decides to suspend official sales of Apple Watch Series 9 and Ultra 2 in the United States, and Apple appeals against the decision.
In October 2023, the U.S. International Trade Commission (ITC) ruled that
USTR Statement on Section 337 Review | United States Trade Representative
https://www.ustr.gov/about-us/policy-offices/press-office/press-releases/2023/december/ustr-statement-section-337-review
Apple files appeal after Biden administration allows US ban on watch imports | Reuters
Apple is now banned from selling its latest Apple Watches in the US - The Verge
https://www.theverge.com/2023/12/26/24012382/apple-import-ban-watch-series-9-ultra-2
The series of uproar began when medical device manufacturer Masimo announced in 2021 that the ``blood oxygen concentration measurement function'' installed in Apple Watch Series 6 and later models infringed its own patents. The lawsuit was filed .
In this case, the ITC granted Masimo's complaint in October 2023 and issued an exclusion order against Apple, stating that ``importation into the United States is prohibited unless this feature is removed.'' Apple has also been ordered to stop selling devices with the relevant features that have been imported in the past.
The US International Trade Commission rules that the Apple Watch's blood oxygen wellness measurement function infringes the patent of medical device manufacturer Masimo - GIGAZINE
Following the ITC's decision to suspend sales, a 60-day review period was set by President Biden.
The ITC had set the effective date for the sales suspension order to be December 26, 2023, but Apple stated that it would ``preemptively take measures to comply with the judgment'' and will release Apple Watch Series 9 from December 21, 2023 local time. and stopped selling the Apple Watch Ultra 2.
Finally, Apple Watch Series 9 and Ultra 2 officially stop selling in the United States, making it impossible to repair older models - GIGAZINE
If President Biden vetoes the ITC's order, the ITC's suspension of sales will be null and void. However, on December 26, 2023, U.S. Trade Representative Katherine Tai issued a statement saying, ``After careful consultation, the government has decided not to overturn the ITC's decision.'' announced.
With this decision, Apple will be officially prohibited from officially selling Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. However, Apple was dissatisfied with the ITC's decision and appealed to the Federal Circuit Court of Appeals on December 26, 2023.
An Apple spokesperson said, ``Apple strongly disputes the ITC's decision and the resulting exclusion order. We will take whatever steps we can.'
Apple tells the Federal Circuit that it will redesign its products to avoid infringing Masimo's patents and sell them pending a determination by U.S. Customs and Border Protection whether this avoids patent infringement. We request that the suspension be put on hold. The US Customs is expected to make a decision on January 12, 2024.
A Masimo spokesperson said, ``This ITC decision not only vindicates the American patent system, but also represents a victory for American consumers.''
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in Hardware, Posted by log1r_ut