Apple Targets Long-Term Software Fix to Avoid Patent-Infringement, Sales Ban

Apple submitted a comprehensive solution to the U.S. customs agency, including redeveloped software, as part of its efforts to win the patent fight against Masimo.

The medical device maker previously won a patent infringement case against the Apple Watches, leading to the short-lived sales and import ban for Series 9 and Ultra 2. However, Apple received a temporary ban suspension and has now resumed its smartwatch sales.

Apple Seeks Alternative Paths

While the Apple Watch Series 9 and Ultra 2 have returned to the U.S. retail and online stores, the battle for the patent against Masimo is far from its end. Recently, the tech giant submitted its alternative plans for the disputed software of its smartwatches.

It plans to develop a software fix to eliminate future legal battles on its patent. Masimo filed a patent infringement case against Apple after the company claimed that a pair of Masimo patents were used to measure blood-oxygen saturation on the smartwatches.

Meanwhile, the lead of ITC litigation practice, Smith R. Brittingham IV, said that Apple is currently "working desperately" and is trying to "procedurally shut down the ITC by getting a stay from somebody." The final ruling on the proposed changes is due on January 12.

Apple Takes Quick Action Against Patent Issue

Apple made quick decisions to appeal to the Federal Circuit, asking to review the ITC findings and, hopefully, change its orders. The company also filed an emergency request to suspend the ITC ban until the pending appeal is resolved in January.

On the other hand, Masimo argued that the emergency request should be denied, citing that "there is no emergency." The medical device maker also seeks to intervene in the appeal case as the ban suspension could be prolonged.

The ITC was given until January 10, 2024, to respond to Apple's request, which could extend the ban suspension until the duration of the company's appeal. The agency's decision to ban the sales and imports is still on the line, but enforcement will be on pause now.