ITC objects to request for postponement of Apple Watch sales ban, saying ``Apple is making a weak and unconvincing argument''

The U.S. International Trade Commission (ITC) has filed a lawsuit with a federal court regarding the temporary suspension of sales and import bans on Apple Watch Series 9 and Apple Watch Ultra 2 , allowing them to be officially sold in the United States again. It has been reported that a document has been submitted requesting that the suspension of the import ban be lifted.

ITC files opposition to Apple's request to stay Apple Watch sales ban: 'Apple presents a weak and unconvincing case' - 9to5Mac
https://9to5mac.com/2024/01/10/apple-watch-ban-itc-oppose-pause/

Some Apple Watches, starting with Apple Watch Series 6, include a sensor that can measure blood oxygen levels. However, medical device manufacturer Masimo claims that ``the sensor installed in Apple Watch infringes its patent.'' ITC acknowledged this complaint and issued an order ``prohibiting the import and sale of Apple Watch to the United States.''

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

In response to this, Apple has stopped selling Apple Watch Series 9/Ultra 2 at its official store. At the same time, the company requested the ITC to postpone the import and sales suspension order, but the ITC rejected this request.

ITC rejects Apple's plan to avoid sales suspension of Apple Watch - GIGAZINE

Subsequently, the US government approved the ITC's order to suspend imports and sales, but Apple appealed to the federal appeals court and submitted a redesigned plan for the Apple Watch's blood oxygen function to the US customs border. I submitted it to the security bureau. The import and sales suspension order has been temporarily suspended until it is determined whether this redesign proposal can avoid patent issues.

Order prohibiting sales and import of Apple Watch Series 9 and Ultra 2 has been temporarily suspended and official sales in the United States will resume - GIGAZINE

However, in a document submitted on January 10, 2024, ITC opposed Apple's request to suspend the import and sales suspension order.

ITC stated, ``Appellee ITC respectfully opposes appellant Apple's motion for pendency of appeal. Apple has made weak and unpersuasive arguments to obtain the unusual relief of pendency of appeal. The claim is simply that a patent infringer who has received an undisputed award is seeking permission to continue infringing the patent.''

Furthermore, the ITC said, ``Apple's claim of ``irreparable harm'' is weak and speculative because, at the very least, Apple claims that it has caused irreparable harm to the company's goodwill and reputation.'' 'The company relies only on the affidavit it previously submitted to the European Commission and has not submitted a new one,' he said, stressing that Apple's request is insufficient. .

The Customs and Border Protection Agency will make a decision on whether to approve the redesign proposal submitted by Apple by January 12, 2024. If Customs and Border Protection does not approve the redesign proposal, the import/sale ban will be reactivated and Apple Watch Series 9/Ultra 2 will be removed from official stores.