The US International Trade Commission (ITC) on Wednesday opposed Apple's motion for a stay pending appeal in a case involving sales of the company's flagship smartwatches, according to reports.
Apple tracker MacRumors quoted a court filing in its report stating, “Apple presents a weak and unconvincing case to invoke the extraordinary remedy of a stay pending appeal.” The document also added that Apple’s arguments “amount to little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents.”
If nothing else, the
Apple Watch models should be available in the US until early next week, as the court is still taking comments until January 15 from other parties supporting the ITC's decision.
The ITC filed a case against Apple Watch models in October 2023, claiming that they were using patented blood oxygen sensors by medical technology company Masimo. The feature is available on Apple Watch Series 6 and newer models — barring the Apple Watch SE. However, Apple, currently, only sells the Apple Watch Series 9 and the Apple Watch Ultra 2.
Masimo claims that to develop its blood oxygen sensing capability, Apple stole trade secrets and hired unauthorised workers. Despite Apple's purported lack of interest at the time, Masimo announced last month that it was amenable to settlement discussions.
The Apple Watch Series 9 and Apple Watch Ultra 2 were
temporarily taken off sale in December in Apple's online and retail locations in the US. Sales have resumed temporarily as a result of Apple's temporary stay request being granted by the US Court of Appeals for the Federal Circuit, following its appeal of the ITC's verdict.
The US Customs and Border Protection agency is anticipated to rule on Apple's software modifications later this week in response to the claimed patent infringement. Apple is purportedly working on these improvements.
