US appeals court lifts import ban on some Apple smartwatches

Apple has scored a victory, with an American appeals court pausing a government commission’s import ban on some of its popular Apple smartwatches amid a patent dispute with Masimo, a medical technology company.

The California-based technology group had filed an emergency request for the court to halt the order after appealing against the United States International Trade Commission’s decision that it had infringed Masimo’s patents.

Apple and Masimo did not immediately respond to requests for comment on the latest development in the legal battle.

At the end of October, the US International Trade Commission ruled that Apple had infringed two patents owned by Masimo and by another company, Cercacor Laboratories, in its new watches and it barred the import and sales of those devices using the technology.

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Apple appealed against the decision and filed the emergency request for the US Court of Appeals to pause the order that was granted today.

Before the latest ruling, Apple had said: “We strongly disagree with the USITC decision and resulting exclusion order and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.”

Apple had already halted sales of these watches in America this month in a pre-emptive move in case the ruling came into effect. The block does not affect Apple Watch SE, a less expensive model, or previously sold watches.

The US Customs and Border Protection agency is looking at whether a redesigned version of the watch resolves the patent issue and it will make a decision by January 12.

The dispute began when Masimo sued Apple in 2020, looking for $1.8 billion in damages. A court hearing in May ended in a mistrial when the jury failed to reach a verdict. Apple has countersued, arguing that Masimo uses its technology in its own range of smartwatches.

Apple is also in dispute with AliveCor, a company that develops heart monitoring technology, over its personal electrocardiogram.

Before the latest ruling, a spokesman for AliveCor said: “Innovator companies and health consumers alike should be encouraged that industry giants are increasingly being held accountable for anti-competitive practices that would ultimately limit access to potentially life-saving technology.”

Apple has increasingly developed products focused on health and fitness. Tim Cook, the group’s chief executive, once said that its greatest contribution to the world would be to healthcare. “We are taking what has been with the institution and empowering the individual to manage their health,” he told CNBC.