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.

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The specs: Rolls-Royce Cullinan

Price, base: Dh1 million (estimate)

Engine: 6.75-litre twin-turbo V12

Transmission: Eight-speed automatic

Power: 563hp @ 5,000rpm

Torque: 850Nm @ 1,600rpm

Fuel economy, combined: 15L / 100km

The specs: Aston Martin DB11 V8 vs Ferrari GTC4Lusso T

Price, base: Dh840,000; Dh120,000

Engine: 4.0L V8 twin-turbo; 3.9L V8 turbo

Transmission: Eight-speed automatic; seven-speed automatic

Power: 509hp @ 6,000rpm; 601hp @ 7,500rpm

Torque: 695Nm @ 2,000rpm; 760Nm @ 3,000rpm

Fuel economy, combined: 9.9L / 100km; 11.6L / 100km

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Ten tax points to be aware of in 2026

1. Domestic VAT refund amendments: request your refund within five years

If a business does not apply for the refund on time, they lose their credit.

2. E-invoicing in the UAE

Businesses should continue preparing for the implementation of e-invoicing in the UAE, with 2026 a preparation and transition period ahead of phased mandatory adoption. 

3. More tax audits

Tax authorities are increasingly using data already available across multiple filings to identify audit risks. 

4. More beneficial VAT and excise tax penalty regime

Tax disputes are expected to become more frequent and more structured, with clearer administrative objection and appeal processes. The UAE has adopted a new penalty regime for VAT and excise disputes, which now mirrors the penalty regime for corporate tax.

5. Greater emphasis on statutory audit

There is a greater need for the accuracy of financial statements. The International Financial Reporting Standards standards need to be strictly adhered to and, as a result, the quality of the audits will need to increase.

6. Further transfer pricing enforcement

Transfer pricing enforcement, which refers to the practice of establishing prices for internal transactions between related entities, is expected to broaden in scope. The UAE will shortly open the possibility to negotiate advance pricing agreements, or essentially rulings for transfer pricing purposes. 

7. Limited time periods for audits

Recent amendments also introduce a default five-year limitation period for tax audits and assessments, subject to specific statutory exceptions. While the standard audit and assessment period is five years, this may be extended to up to 15 years in cases involving fraud or tax evasion. 

8. Pillar 2 implementation 

Many multinational groups will begin to feel the practical effect of the Domestic Minimum Top-Up Tax (DMTT), the UAE's implementation of the OECD’s global minimum tax under Pillar 2. While the rules apply for financial years starting on or after January 1, 2025, it is 2026 that marks the transition to an operational phase.

9. Reduced compliance obligations for imported goods and services

Businesses that apply the reverse-charge mechanism for VAT purposes in the UAE may benefit from reduced compliance obligations. 

10. Substance and CbC reporting focus

Tax authorities are expected to continue strengthening the enforcement of economic substance and Country-by-Country (CbC) reporting frameworks. In the UAE, these regimes are increasingly being used as risk-assessment tools, providing tax authorities with a comprehensive view of multinational groups’ global footprints and enabling them to assess whether profits are aligned with real economic activity. 

Contributed by Thomas Vanhee and Hend Rashwan, Aurifer

MATCH INFO

Champions League quarter-final, first leg

Tottenham Hotspur v Manchester City, Tuesday, 11pm (UAE)

Matches can be watched on BeIN Sports

The President's Cake

Director: Hasan Hadi

Starring: Baneen Ahmad Nayyef, Waheed Thabet Khreibat, Sajad Mohamad Qasem 

Rating: 4/5

Getting there
Flydubai flies direct from Dubai to Tbilisi from Dh1,025 return including taxes

How England have scored their set-piece goals in Russia

Three Penalties

v Panama, Group Stage (Harry Kane)

v Panama, Group Stage (Kane)

v Colombia, Last 16 (Kane)

Four Corners

v Tunisia, Group Stage (Kane, via John Stones header, from Ashley Young corner)

v Tunisia, Group Stage (Kane, via Harry Maguire header, from Kieran Trippier corner)

v Panama, Group Stage (Stones, header, from Trippier corner)

v Sweden, Quarter-Final (Maguire, header, from Young corner)

One Free-Kick

v Panama, Group Stage (Stones, via Jordan Henderson, Kane header, and Raheem Sterling, from Tripper free-kick)

Captain Marvel

Director: Anna Boden, Ryan Fleck

Starring: Brie Larson, Samuel L Jackson, Jude Law,  Ben Mendelsohn

4/5 stars

Gulf Under 19s final

Dubai College A 50-12 Dubai College B

HOW TO WATCH

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Updated: December 28, 2023, 5:13 AM