Apple is now planning to appeal an infamous ban that led to the Apple Watch Series 9 and Ultra 2 versions losing the blood oxygen sensor feature last year in court.
The case saw the International Trade Commission (ITC) favoring health tech firm Masimo in their argument that Apple violated its patent on the technology by using the sensor on its wearables.
Apple Appeals to Overturn Blood Oxygen Sensor Ban
Reuters reported that Apple is now making another move to appeal the trade ban it faced last year that forced it to remove the blood oxygen sensor, otherwise known as the pulse oximetry technology, from its Apple Watches.
Apple is looking to overturn and question the legality of the original ban imposed by the ITC against it. It was revealed that Apple is leaning on its argument regarding Masimo's efforts in developing its smartwatch as early as when the Apple Watch Series 6 was released in 2020.
It is important to note that the Series 6 is the first Apple Watch to feature the blood oxygen sensor and was the model Masimo fought against for using the technology without their consent or permission.
Masimo's Win Over Apple Watch Patent Case
According to Engadget, Apple's latest argument claims that Masimo developing its smartwatch is not enough to justify the ban.
It is important to note that Apple previously used this argument when it presented its case to the ITC but still lost, with the governing body favoring Masimo and giving it the win.
Apple and Masimo's Court Battle
The legal battle between Apple and Masimo started in 2021 when the health technology company sued the Cupertino-based tech giant for patent infringement after the latter added a pulse oximetry feature.
This focused on the earliest iteration of the blood oxygen sensor that was made available to the Apple Watch Series 6, with Masimo claiming that it did not give Apple permission to use its patented technology.
While Apple eventually saw a judge's ruling that favored Masimo, claiming that they infringed on the health tech firm's patents, the company's smartwatch wearables were not yet banned in the market. It was not until 2023 when the ITC upheld the said ruling, which led to an import ban against the Apple Watch Series 9 and Ultra 2 for its blood oxygen sensor use.
Months after the ITC's move, Apple has pulled out the affected Apple Watch models from the global market as well as its availability on their online stores as they risk being fined and facing additional lawsuits.
However, Apple worked on a way to get the Series 9 and Ultra 2 back on the market by disabling the blood oxygen sensor on their wearables, with the ruling still in favor of Masimo until now.
Originally published on Tech Times
