Apple appeals against watch ban and seeks temporary lifting of restrictions during the appeal period
海角七号
发表于 2023-12-27 11:43:29
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According to multiple media reports, Apple announced on Tuesday (December 26th) that it will file a lawsuit with the United States Court of Appeals for the United States Circuit against a ruling by the International Trade Commission (ITC).
Recently, after review by the US government, ITC's import ban on Apple Watch Series 9 and Apple Watch Ultra 2 has officially come into effect. In October this year, the agency ruled that these two watches infringed on several blood oxygen meter patents of medical technology company Masimo.
Apple stated in court documents submitted on Tuesday that if the ban remains unchanged, the company will suffer "irreparable harm.". Apple wrote in a statement that it strongly opposes ITC's decision and the resulting import ban, and will take all measures to bring Series 9 and Ultra 2 back to customers in the United States as soon as possible.
Within the day, Apple also submitted an urgent motion seeking to temporarily lift the ban on the sale of two watches during the court's appeal period. Previously, the company has suspended sales on Apple's official website and retail stores in the United States to "prevent" compliance with ITC's decisions, but Amazon, Best Buy, Wal Mart and other places can still buy.
A spokesperson for Masimo praised ITC's decision as a victory for the integrity of the US patent system and ultimately for American consumers. As of the close, Masimo's stock price rose 2% to $120.62 per share, the highest level since August this year.
Nicholas Matich, a lawyer in charge of intellectual property at law firm McKool Smith, said that typically, both parties would settle such disputes, but Apple may believe that it can quickly design around patents or remove infringing features, so it "chose to coexist with ITC rulings rather than settle.".
Analysts at multinational investment bank Stifel wrote in a report that the bank's litigation experts predict that Apple's appeal will extend the judgment in the ITC case by approximately one year.
Caixin News previously mentioned that Masimo's CEO Joe Kiani stated that he is open to potential settlements. But Kiani added that given Apple's previous behavior of "stealing employees," reconciliation negotiations require honest dialogue and an apology.
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