Manzana does not throw in the towel and moves its chips to prevent the United States from banning the sale of the Apple Watch. Bloomberg reports that those from Cupertino are working on a “comprehensive solution” that allows them to normalize the marketing of their smart watches.
The aforementioned media indicates that the plan includes a redesign of watchOS which has already been presented to United States Customs. If approved, Apple would be able to sell versions that do not infringe the patents of Masimo’s pulse oximeter starting next January 12.
Let us remember that last Tuesday, December 26, the blockade against the Apple Watch began to take effect in the United States, specifically impacting the Series 9 and Ultra 2. Apple had already stopped the marketing of both models in its physical and online stores, knowingly that a presidential veto would not come as a lifeline.
The Californian firm’s lawyers moved quickly and yesterday managed to get the ban temporarily paused. However, the story is still far from over.
The Court of Appeals for the Federal Circuit gave the United States International Trade Commission (ITC) until January 10 to respond to Apple’s request that the blockade that weighs on the Apple Watch is suspended for the duration of the appeal.
Apple has plenty of legal resources to save the Apple Watch
If Customs determines that the comprehensive solution offered is sufficient to allow the import and sale of the Apple Watch, Apple could return to selling its smartwatches normally—albeit with the pulse oximeter limited or disabled through software—while continuing to appeal the setback. the ITC. If, however, it is concluded that, despite the proposed modifications, the watches still infringe Masimo’s patents, the story may get a little more complicated.
What it reports Bloomberg makes it clear that Apple is willing to do anything to prevent a new ban on the Apple Watch in the United States, less to negotiate with Masimo. The medical technology firm stated that it was willing to talk to close this story, but that the initiative must be from those on the block.
Those directed by Tim Cook They have plenty of legal resources to save time and evade a definitive block on the Apple Watch. The thing is, if Customs finally gives the thumbs down to the software patch that Apple proposes so as not to infringe patents, the decision may be appealed to the United States Court of International Trade. And if they also receive a negative definition there, those from Cupertino can appeal again to the Court of Appeals for the Federal Circuit.
Masimo, a spectator
Although perhaps the most curious thing about all this is that Masimo has been relegated to the role of spectator. This is because, if Customs approves Apple’s proposed software solution, The medical technology firm will not be able to appeal to the Court of International Trade. The only way out would be to resubmit a petition to the ITC to ban the sale of the Apple Watch, but he will have to prove that his patent continues to be violated.
It is evident that this novel still has several chapters to write and neither party is willing to settle. With the temporary brake on the ITC blockade, Apple already has returned to market the Apple Watch Series 9 and Ultra 2 both in the physical Apple Store and in its online store.