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Tag: Masimo Corp

  • Apple Watch import ban temporarily stopped by U.S. appeals court

    Apple Watch import ban temporarily stopped by U.S. appeals court

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    Apple smartwatches ads are displayed as customers take a look at smartwatch accessories at the Apple store in New York, U.S., December 26, 2023. 

    Eduardo Munoz | Reuters

    Apple will be able to sell the latest Apple Watches after an import ban was temporarily paused by an appeals court on Wednesday, in a major victory for the iPhone maker.

    Apple stopped selling its Series 9 and Ultra 2 watches last week in response to an International Trade Commission order in October that found the blood oxygen sensor in the devices had infringed on intellectual property from Masimo, a medical technology company that sells to hospitals.

    “The motion for an interim stay is granted to the extent that the Remedial Orders are temporarily stayed,” a court filing on Wednesday said.

    On Monday, the Biden Administration declined to pause the ITC ban. Apple filed the appeal to the U.S. Court of Appeals for the Federal Circuit on Tuesday. The ITC will need to reply by Jan. 10.

    The stay means Apple will be able to sell the latest models of one of its most important products during the busiest time of the year.

    The sales pause did not affect the Apple Watch SE, an older model that cannot read blood oxygen levels. The latest Apple Watch models also continued to be available from retailers like Best Buy or Amazon as long as they had stock. 

    Apple Watch sales are reported as part of Apple’s wearables business, which reported $39.8 billion in sales in Apple’s 2023, which ended in September. The category was down 3% on an annual basis. 

    An Apple representative didn’t immediately return a request for comment.

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  • Apple fails in bid to delay Apple Watch sales ban

    Apple fails in bid to delay Apple Watch sales ban

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    The Apple Watch Ultra 2 is seen as people lined up to buy the newly launched iPhone 15 and other Apple products at an Apple store in Palo Alto, California, on Sept. 22, 2023.

    Tayfun Coskun | Anadolu Agency | Getty Images

    Apple has lost a bid to delay an impending Apple Watch import ban, according to an International Trade Commission filing, meaning only a last-minute White House intervention can prevent a pause in sales of some of the devices in the U.S.

    Apple said earlier this week it will stop selling two Apple Watch models released this year, the Apple Watch Series 9 and Apple Watch Ultra 2, on its website starting Thursday, and in Apple stores starting after Sunday. The company will still sell older models.

    The move is in response to orders issued by the ITC in October that found that the Apple Watch’s blood oxygen sensor had infringed on intellectual property from Masimo, a medical technology company that sells to hospitals.

    On Wednesday, the ITC denied Apple’s motion to stay while the original decision was being appealed, which would have allowed Apple to continue selling the devices.

    The decision means Apple is closer to being prevented from selling one of its most important products in its largest market during the busiest time of the year for Apple sales. Previously imported Apple Watches can still be sold if retailers have them in stock.

    Apple shares are down less than 1% since the company announced its plans to pause sales on Monday. Shares were flat in extended trading Wednesday.

    President Joe Biden can still veto the ban but has not given an indication that he will.

    “We’re tracking this case and the Dec. 25 deadline,” White House press secretary Karine Jean-Pierre told reporters Tuesday.

    The U.S. Trade Representative “has the President’s delegated authority to make these determinations,” Jean-Pierre said, adding that Ambassador Katherine Tai is “carefully considering all of the factors in this case.”

    In addition to the infringement claims, Masimo CEO Joe Kiani has accused Apple of misleading his company by engaging in acquisition and partnership talks before systematically poaching his technical staff.

    Kiani told CNBC on Monday that Apple had not reached out to settle.

    “I don’t care that much about the Apple leadership, given about what I know about how they run the company,” Kiani said. “I still extended the olive branch and offered to work with them for the betterment of people and our shareholders, and not even a call.”

    An Apple representative declined to comment. A company spokesperson previously told CNBC that Apple was taking “all measures” to return the product to the market in the U.S.

    WATCH: Apple Watch sales pause not a huge deal ‘quantitatively or qualitatively’

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