Apple Watch Ultra 2 on sale in a store in Los Angeles, September 22, 2023 in California (AFP/Archives/Patrick T. Fallon)
The ban on several models of Apple’s connected watch due to patent infringement came into force on Tuesday in the United States, with President Joe Biden’s administration choosing not to veto a decision.
“After extensive consultations,” Trade Representative Katherine Tai “decided not to oppose the ITC’s decision, which became final on December 26, 2023,” her services announced Tuesday in a press release.
The American International Trade Commission (ITC) had found that Apple had “violated two patents held by Masimo Corporation and Cercacor Laboratories”, they recalled.
Contacted on Tuesday by AFP, Masimo did not immediately react.
The ITC recommended on October 27 to ban several models of the Apple Watch in the United States, accused by the medical device manufacturer Masimo of copying its technologies for detecting the level of oxygen in the blood.
But the Apple group believed that the American body was wrong, saying at the time that its decision should be overturned and that it was ready to take legal action.
It is now done: he announced on Tuesday that he had filed an appeal with a federal court.
The US government had sixty days from the ITC’s decision to object, which it rarely does.
Apple announced on December 18 the suspension of sales in the United States of Apple Watch Series 9 and Apple Watch Ultra 2 watches, in order to “respect the decision if it were to be confirmed”, a spokesperson explained to AFP. word of the group.
– Watches unavailable –
They are no longer available since December 21 on its website and since December 24 in stores.
Apple Watch Series 9 in Cupertino, September 12, 2023 in California (AFP/Archives/Nic Coury)
“We are taking all necessary measures to be able to re-offer the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as quickly as possible,” the American giant said on Tuesday, reiterating its “deep disagreement” with the decision of the American authorities.
Masimo had contacted the ITC in 2021 regarding the Apple Watch 6, a model put on sale in 2020 with a function for measuring the level of blood oxygen saturation, copying, according to the medical device company, the one of its patented technologies.
The company obtained the green light from American regulators in November for the sale by prescription or over-the-counter of its own product, worn on the wrist.
“The decision to exclude certain models of the Apple Watch manufactured abroad proves that even the most powerful company in the world must respect the legislation protecting intellectual property rights,” noted a Masimo spokesperson on December 18 , after Apple’s announcement.
In turn, Apple launched two legal actions at the end of 2022 for non-compliance with patents against Masimo, accusing it of copying the technology of its connected watches.
“Masimo improperly attempted to use the ITC to prevent millions of American consumers from having access to a potentially life-saving product, while making room for its own watch that copies Apple’s,” accused the Cupertino group at the end of October.
© 2023 AFP
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