Apple has lost its bid to pause a ban on Apple Watch in the United States.
Back in October, the ITC found Apple guilty of infringing patents held by Masimo Corporation and Cercacor Laboratories with its smartwatch's blood oxygen feature. In December a ban on Apple Watch went into effect in the United States, but Apple managed to secure a temporary pause to restart sales. Today the US Court of Appeals for the Federal Circuit decided not to pause the ban while it hears the appeal, meaning that as of 5pm ET, Apple was banned from selling the Apple Watch in the United States.
The Court said...
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Our determination is governed by four factors: (1) whether the movant has made a strong showing of likelihood of success on the merits; (2) whether the movant will be irreparably harmed absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.
Having considered all four factors, and the recent EOE Branch ruling, we lift the interim stay and deny Apple's motion. We reach no conclusion on the merits of the appeal.
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This evening, in a statement to 9to5Mac, Apple confirmed previous reports that it will start selling the Apple Watch without the blood oxygen feature as of tomorrow.
"Apple's appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC's decision. We strongly disagree with the USITC decision and resulting orders.
Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. These steps include introducing a version of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature. There is no impact to Apple Watch units previously purchased that include the Blood Oxygen feature.
Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6am PT on January 18, and from Apple Stores starting January 18."
Notably, the Apple Watch models sold will still have the Blood Oxygen app, but when tapped it will say "The Blood Oxygen app is no longer available. Learn more in the Health app on your iPhone." The Health app on iPhone will link to a support article on Apple's site with further details.
If you are planning to purchase an Apple Watch in the United States, we'd suggest grabbing one at your local retailer or on Amazon before old stock runs out. It's rumored that the appeal process could take over a year.
The Apple Watch Series 9 is currently available at Amazon.com for $329 ($70 off) and the Apple Watch Ultra 2 is available for $749 ($50 off).
Back in October, the ITC found Apple guilty of infringing patents held by Masimo Corporation and Cercacor Laboratories with its smartwatch's blood oxygen feature. In December a ban on Apple Watch went into effect in the United States, but Apple managed to secure a temporary pause to restart sales. Today the US Court of Appeals for the Federal Circuit decided not to pause the ban while it hears the appeal, meaning that as of 5pm ET, Apple was banned from selling the Apple Watch in the United States.
The Court said...
---
Our determination is governed by four factors: (1) whether the movant has made a strong showing of likelihood of success on the merits; (2) whether the movant will be irreparably harmed absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.
Having considered all four factors, and the recent EOE Branch ruling, we lift the interim stay and deny Apple's motion. We reach no conclusion on the merits of the appeal.
---
This evening, in a statement to 9to5Mac, Apple confirmed previous reports that it will start selling the Apple Watch without the blood oxygen feature as of tomorrow.
"Apple's appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC's decision. We strongly disagree with the USITC decision and resulting orders.
Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. These steps include introducing a version of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature. There is no impact to Apple Watch units previously purchased that include the Blood Oxygen feature.
Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6am PT on January 18, and from Apple Stores starting January 18."
Notably, the Apple Watch models sold will still have the Blood Oxygen app, but when tapped it will say "The Blood Oxygen app is no longer available. Learn more in the Health app on your iPhone." The Health app on iPhone will link to a support article on Apple's site with further details.
If you are planning to purchase an Apple Watch in the United States, we'd suggest grabbing one at your local retailer or on Amazon before old stock runs out. It's rumored that the appeal process could take over a year.
The Apple Watch Series 9 is currently available at Amazon.com for $329 ($70 off) and the Apple Watch Ultra 2 is available for $749 ($50 off).