Federal Circuit Appellate court Grants Emergency Stay of Apple Watch Ban
Patent – Patently-O 2023-12-27
Summary:
by Dennis Crouch
The patent battle between Masimo and Apple over pulse oximetry technology in the Apple Watch took a new turn on December 27th. Despite the recent import ban imposed by the U.S. International Trade Commission (ITC), Apple was granted a temporary stay by the U.S. Court of Appeals for the Federal Circuit. For now, this emergency ruling blocks the government from enforcing the exclusion order on certain Apple Watch models through at least mid-January. However, the legal fight is far from over. For Masimo, this short-term win for Apple weakens its bargaining position as the two companies continue their protracted patent dispute in courts and before regulatory agencies.
Although President Biden refused to act, the Federal Circuit has granted Apple a temporary reprieve of the ITC exclusion order barring its Apple Watch for importation. The dispute focuses on patents held by light-based pulse-oximetry innovator Masimo, and the ITC’s conclusion.
Order: Fed Cir Apple Order Granting Temp Stay
On December 27, the Federal Circuit granted Apple’s request for an emergency stay of the import/sales ban. This temporary stay prevents Homeland Security’s Customs and Border Protection (CBP) division from enforcing the exclusion order while the court considers Apple’s broader motion to stay the ban pending its full appeal.