Apple faces a potential Apple Watch import ban due to infringement on patents owned by Masimo Corp. To overcome this, Apple is exploring several ideas, including a software fix (via Bloomberg).
Following the ITC’s decision, sales of the affected Apple Watch Series 9 and Ultra 2 were halted in the US.
However, a temporary reprieve granted by a federal appeals court allowed these models to return to Apple’s stores while awaiting further decisions.
Apple’s plans involve various strategies, including the submission of redesigned software to a US customs agency, potentially enabling the sale of non-infringing watch versions starting from January 12.
Simultaneously, Apple continues its legal appeal against the ITC’s ruling.
Legal experts highlight Apple’s vigorous efforts to navigate the situation. Despite filing appeals and requesting stays, the ITC’s ban remains in place, albeit temporarily paused by the appeals court.
Apart from legal battles, Apple is pursuing software modifications to address the patent issue. However, the ITC stated that even a favorable Customs decision on redesigns wouldn’t alter the status of the infringing Apple Watch products.
The process for a patent-related appeal at the Federal Circuit typically spans around a year or longer.
A successful stay for the appeal’s duration could exceed the time Apple usually takes to develop and launch new device generations.
While Apple could resolve the issue through settlement, it has opted for a different approach, possibly to set a precedent.
Apple also filed infringement cases against Masimo’s W1 watch in Delaware district court, showcasing the intensity of the ongoing legal tussle.
Despite the ban and ongoing legal disputes, Apple is exploring software workarounds to address patent-related concerns by issuing an Apple Watch firmware update.
