The ban on Apple's latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online. AFP
The ban on Apple's latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online. AFP
The ban on Apple's latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online. AFP
The ban on Apple's latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online. AFP

Apple fights back: Watch ban appeal as blood oxygen patent war heats up


Marwa Hassan
  • English
  • Arabic

Apple announced on Tuesday its intention to appeal a US import ban on its latest smartwatch models.

The decision comes after US President Joe Biden's administration chose not to veto a ruling regarding patent infringements.

The ban affects Apple Watch Series 9 and Apple Watch Ultra 2 models, which are no longer available in stores or online as of Tuesday.

This move is a part of a broader legal battle in the tech industry over valuable patents, similar to the continuing dispute between Google and Sonos over speaker technology.

The US International Trade Commission had decided in October to ban these Apple Watch models due to a patented technology related to blood-oxygen level detection.

The complaint, originating in mid-2021, was filed by medical device maker Masimo Corp, accusing Apple of infringing on their “light-based oximetry functionality”.

US Trade Representative Katherine Tai, following consultations, opted not to reverse the ITC's decision, making the ban effective as of December 26.

While the US President's office holds the authority to reverse such bans, it is an infrequent occurrence.

Masimo views the ban as a victory for the US patent system and consumers, supporting innovation. Meanwhile, Apple strongly disagrees with the ITC's decision, having already filed an appeal in US federal court.

The company pre-emptively pulled the products from its online store on December 21, ceasing sales at retail locations by December 24.

  • A guest looks at the brand new Apple iPhone 15 during the Apple 'Wonderlust' event on September 12 in Cupertino, California. Getty Images / AFP
    A guest looks at the brand new Apple iPhone 15 during the Apple 'Wonderlust' event on September 12 in Cupertino, California. Getty Images / AFP
  • A man compares the Apple iPhone 15 Pro and iPhone 15 Pro Max phones at the event. Getty Images / AFP
    A man compares the Apple iPhone 15 Pro and iPhone 15 Pro Max phones at the event. Getty Images / AFP
  • The iPhone 15 Pro on the Apple campus. AP
    The iPhone 15 Pro on the Apple campus. AP
  • 'Wonderlust' visitors look at the brand new Apple offerings at Cupertino. Getty Images / AFP
    'Wonderlust' visitors look at the brand new Apple offerings at Cupertino. Getty Images / AFP
  • Apple visitors at the Steve Jobs Theatre in Apple Park on Tuesday. Getty Images / AFP
    Apple visitors at the Steve Jobs Theatre in Apple Park on Tuesday. Getty Images / AFP
  • 'Wonderlust' guests at Cupertino. Getty Images / AFP
    'Wonderlust' guests at Cupertino. Getty Images / AFP
  • People gather around tables showing the new products on the Apple campus. AP
    People gather around tables showing the new products on the Apple campus. AP
  • Apple chief executive Tim Cook addresses the event. Reuters
    Apple chief executive Tim Cook addresses the event. Reuters

Apple has been enhancing the health and fitness features of its watches with each generation.

The Apple Watch Series 9, released in September, included increased performance and health data accessibility.

Masimo claims to have invented the disputed technology and alleges that Apple hired its employees to gain access to this knowledge.

In contrast, Apple accuses Masimo of using litigation to promote its own products inspired by the Apple Watch.

Masimo's product recently received US regulatory clearance for both prescription and over-the-counter use.

In response to the ban, Apple also filed patent infringement lawsuits against Masimo. However, a jury trial on Masimo's allegations ended in a mistrial in May.

Apple's appeal and the continuing dispute highlight the intense competition and legal complexities in the tech industry, especially regarding patents and innovation.

Apple Watch, a significant product in Apple's portfolio, has been a market leader in the smartwatch category.

The dispute with Masimo represents a critical challenge for Apple, impacting its strategy and product offerings. The outcome of this legal battle could have broader implications for patent law and innovation in the tech industry.

Squad for first two ODIs

Kohli (c), Rohit, Dhawan, Rayudu, Pandey, Dhoni (wk), Pant, Jadeja, Chahal, Kuldeep, Khaleel, Shami, Thakur, Rahul.

How to get there

Emirates (www.emirates.com) flies directly to Hanoi, Vietnam, with fares starting from around Dh2,725 return, while Etihad (www.etihad.com) fares cost about Dh2,213 return with a stop. Chuong is 25 kilometres south of Hanoi.
 

What She Ate: Six Remarkable Women & the Food That Tells Their Stories
Laura Shapiro
Fourth Estate

The specs

Engine: 1.4-litre 4-cylinder turbo

Power: 180hp at 5,500rpm

Torque: 250Nm at 3,00rpm

Transmission: 5-speed sequential auto

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How Alia's experiment will help humans get to Mars

Alia’s winning experiment examined how genes might change under the stresses caused by being in space, such as cosmic radiation and microgravity.

Her samples were placed in a machine on board the International Space Station. called a miniPCR thermal cycler, which can copy DNA multiple times.

After the samples were examined on return to Earth, scientists were able to successfully detect changes caused by being in space in the way DNA transmits instructions through proteins and other molecules in living organisms.

Although Alia’s samples were taken from nematode worms, the results have much bigger long term applications, especially for human space flight and long term missions, such as to Mars.

It also means that the first DNA experiments using human genomes can now be carried out on the ISS.

 

EXPATS
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'Skin'

Dir: Guy Nattiv

Starring: Jamie Bell, Danielle McDonald, Bill Camp, Vera Farmiga

Rating: 3.5/5 stars

Groom and Two Brides

Director: Elie Semaan

Starring: Abdullah Boushehri, Laila Abdallah, Lulwa Almulla

Rating: 3/5

Updated: December 28, 2023, 5:13 AM