Manzana doesn’t give up or move his chips to stop the United States from banning the sale Apple Watch. Bloomberg reports that Cupertino residents are working on a “comprehensive solution” that will allow them to normalize the marketing of their smartwatches.
The above-mentioned media indicate that the plan includes watchOS redesign which has already been presented to US Customs. If approved, Apple will be able to sell versions that do not infringe Masimo’s pulse oximeter patents starting January 12 next year.
Let us recall that last Tuesday, December 26, a blockade of Apple Watch began to take effect in the United States, especially affecting Series 9 and Ultra 2. Apple has already stopped selling both models in its physical and online stores. knowing that a presidential veto would not be a lifeline.
Lawyers at the California firm acted quickly, and yesterday they managed to get the ban temporarily suspended. However, the story is far from over.
The Court of Appeals for the Federal Circuit has given the U.S. International Trade Commission (ITC) until January 10 to respond to Apple’s request that The blockade that puts pressure on the Apple Watch is suspended during the appeal.
Apple has plenty of legal resources to save the Apple Watch
If Customs determines that the proposed end-to-end solution is sufficient to import and sell the Apple Watch, Apple could return to selling its smartwatch as usual—albeit with software restricting or disabling the pulse oximeter—while continuing to appeal the failure. . If, however, it is concluded that, despite the proposed modifications, the watch still infringes Masimo’s patents, the story may become a little more complicated.
What does it say? Bloomberg makes it clear that Apple is ready to do everything to prevent a new Apple Watch ban in the US, negotiate less with Masimo. The health technology firm said it is willing to talk to put an end to the story, but the initiative must come from those on the block.
Director Tim Cook They have many legal resources. to save time and avoid permanently blocking your Apple Watch. The fact is that if Customs finally refuses to fix Apple’s software so as not to infringe its patents, the decision could be appealed to the US Court of International Trade. And if they receive a negative determination there, the residents of Cupertino will again be able to appeal to the Court of Appeals of the Federal Circuit.
Masimo, spectator
Although, perhaps, the most curious thing in all this is that Masimo is assigned the role of spectator. This is because if customs approves Apple’s proposed software solution, Medical technology firm will not be able to appeal to the Court of International Trade. His only option would be to re-petition the ITC to ban the sale of the Apple Watch, but he would have to prove that his patent is still being infringed.
Clearly, there are still several chapters to be written in this novel, and neither side is willing to settle. After the temporary cessation of the ITC blockade, Apple has already Apple Watch Series 9 and Ultra 2 returned to the market both in the physical Apple Store and in its online store.
Source: Hiper Textual
I’m Ben Stock, a highly experienced and passionate journalist with a career in the news industry spanning more than 10 years. I specialize in writing content for websites, including researching and interviewing sources to produce engaging articles. My current role is as an author at Gadget Onus, where I mainly cover the mobile section.
