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APPLE IS GRANTED AN INTERIM EXEMPTION FROM THE RESTRICTION ON APPLE WATCH SALES

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Apple Store at Regent Street, London (Apple.com)

Apple managed to buy itself some time one day after an import and sale ban on its two newest Apple Watches became official.

The ITC prohibited importing and selling Apple Watches equipped with blood-oxygen monitoring technologies.

According to a report from Reuters, that information has been revealed.

Apple appealed the decision and filed an emergency filing with the D.C.-based U.S. Court of Appeals for the Federal Circuit on Tuesday, seeking a temporary halt in the ban’s enforcement.

On Wednesday, a U.S. appeals court suspended a government commission’s import ban on some of Apple’s popular smartwatches due to its patent dispute involving medical technology firm Masimo.

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On December 26, U.S. President Joe Biden’s administration declined to veto the ban, enabling it to take effect. Later that day, Apple requested that the restriction be suspended.

Masimo has accused Apple of stealing its employees, its pulse oxygen measurement technology and putting it into Apple Watches.

The ITC prohibited importing and selling Apple Watches equipped with blood-oxygen-level-reading technology. Apple will add a pulse oximeter to its smartwatches with the Series 6 model in 2020.

Apple has halted sales of its Series 9 and Ultra 2 smartwatches in the United States, but the devices are still accessible at other shops such as Amazon, Best Buy, Costco, and Walmart.

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The ban does not apply to the Apple Watch SE, a less expensive model without a pulse oximeter. The restriction does not apply to already sold smartwatches.

“We are pleased the U.S. Court of Appeals for the Federal Circuit has stayed the exclusion order while it considers our request to stay the order pending our full appeal” Apple’s spokeswoman shared the news with Bloomberg.

A jury trial in California federal court on Masimo’s charges against Apple ended in a mistrial in May. Apple has filed another lawsuit against Masimo in federal court in Delaware for patent infringement, calling Masimo’s legal action a “manoeuvre to clear a path” for the competitor’s smartwatch.

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According to a company report, Apple’s wearables, home, and accessories division, which includes the Apple Watch, AirPods headphones, and other items, generated $8.28 billion in revenue during the third quarter of 2023.

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