When facing legal and patent-related kerfuffle, there’s always a workaround until things can be negotiated.
In a filing posted on Monday, the U.S. Customs agency has handed down its decision on whether Apple’s proposed redesign of the Apple Watch Series 9 and Apple Watch Ultra 2 is enough to circumvent infringing on two Masimo patents related to the blood oxygen sensor.
Per the Monday filing with the Federal Circuit, attorneys for Masimo say that “U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of” the ITC ruling. Apple’s redesign, however, is to remove the pulse oximetry features from newly sold devices. In essence, Apple’s Apple Watch Series 9 and Apple Watch Ultra 2 models will remain available with the blood oxygen readings for the time being while the US appeals court considers a stay during the ITC appeal period.
As such, the U.S. Customs Department has noted that the Apple Watch Series 9 and Ultra 2 models do not infringe on Masimo patents so long as they don’t “contain pulse oximetry features.” This won’t impact existing owners of an Apple Watch with pulse oximetry features.
Monday was the deadline for parties to file their support of or opposition to the ruling with the court. The US appeals court will then decide on whether or not to stay the Apple Watch ban through the duration of Apple’s entire appeal of the initial ITC ruling. The ITC has already voiced its opposition to Apple’s request.
Stay tuned for additional details as they become available.
Via 9to5Mac