Apple wins bid to pause Apple Watch ban at U.S. appeals court
Apple Watches are displayed during an announcement of new products on the Apple campus Tuesday, Sept. 12, 2023, in Cupertino, Calif. (AP Photo/Jeff Chiu)
Apple scored a victory on Wednesday when a U.S. appeals court paused a government commission's import ban on some of the company's popular Apple smartwatches following a patent dispute with medical-technology firm Masimo.
The tech giant had filed an emergency request asking the U.S. Court of Appeals for the Federal Circuit to halt the order after appealing the U.S. International Trade Commission's (ITC) decision that it had infringed Masimo's patents.
Masimo declined to comment on the court's decision, while Apple did not immediately respond.
A final decision could cost either company millions of dollars and potentially force a settlement or some kind of technological workaround by Apple, analysts said.
Masimo shares were down almost 4 per cent following the decision, and Apple shares were largely flat.
"This is a big win for Apple that was unexpected by many given the legal issues involved in this patent battle," Wedbush Securities analyst Dan Ives said. "Masimo now has a big fight ahead. We expect an appeals case in January to be a big moment."
In a four-paragraph ruling, the appeals court said it would halt the ban while it considers Apple's motion for a longer-term pause during the appeals process. The court gave the ITC until Jan. 10 to respond to Apple's request.
U.S. President Joe Biden's administration declined to veto the ban on Tuesday, allowing it to take effect. Apple asked for a pause of the ban later that day.
On Tuesday, Apple told the court that U.S. Customs and Border Protection is considering whether redesigned versions of its watches infringe Masimo's patents and can be imported. The customs agency has set a target date of Jan. 12 for its decision, Apple said.
Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into Apple Watches.
The ITC barred imports and sales of Apple Watches with technology for reading blood-oxygen levels. Apple has included a pulse oximeter feature in its smartwatches starting with its Series 6 model in 2020.
Apple can also now sell the Series 9 and Ultra 2 smartwatches in the U.S., after pausing sales last week due to the ITC decision. The watches had remained available at other retailers including Amazon, Best Buy, Costco and Walmart.
The ban did not affect the Apple Watch SE, a less-expensive model without a pulse oximeter. Previously sold watches also were not be affected by the ban.
If the import ban remains in place, it could cost Apple from high hundreds of millions of dollars to very low billions of dollars, Ben Bajarin, CEO of analyst firm Creative Strategies, said before the decision was announced.
"Going forward, it's absolutely certain they are going to have to take a different approach in future hardware to still enable this feature," he said of Apple.
A jury trial on Masimo's allegations against Apple in California federal court ended with a mistrial in May. Apple has separately sued Masimo for patent infringement in federal court in Delaware and called Masimo's legal actions a "maneuver to clear a path" for its own competing smartwatch.
Apple's wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in US$8.28 billion in revenue during the third quarter of 2023, according to a company report.
Published with reporting by Max Cherney and Aditya Soni.
Shopping Trends
The Shopping Trends team is independent of the journalists at CTV News. We may earn a commission when you use our links to shop. Read about us.
RISKIN REPORTS
CTVNews.ca Top Stories
BREAKING
BREAKING Czechia scores late to eliminate Canada from world juniors
Jakub Stancl scored his second goal of the game with 11.7 seconds left in third period as Czechia survived a blown 2-0 lead to defeat Canada 3-2 and advance to the semifinals at the world junior hockey championship on Tuesday.
Canadian couple lives on cruise ships — with no plans to return to land
With 75 countries and territories visited, a retired Canadian couple is making the most of life as they cruise full-time, from coast to coast. They're part of a growing trend of people opting to retire at sea.
Planes catch fire after a collision at Japan's Haneda airport, killing 5. Hundreds evacuated safely
A passenger plane and a Japanese coast guard aircraft collided on the runway at Tokyo's Haneda Airport on Tuesday and burst into flames. Transport Minister Tetsuo Saito confirmed that all 379 occupants of Japan Airlines flight JAL-516 got out safely before the plane was entirely engulfed in flames.
Israeli strike in Lebanon kills senior Hamas official Saleh al-Arouri: security sources
Senior Hamas official Saleh al-Arouri was killed on Tuesday night in an Israeli drone strike on Beirut's southern suburbs of Dahiyeh, three security sources told Reuters.
A missing person with no memory: How investigators solved the cold case of Seven Doe
Police specializing in missing people and cold cases have discovered the identity of a woman with no memory in one of the most unusual investigations the sheriff's office has pursued and one that could change state law.
Weight-loss drugs: Who, and what, are they good for?
Extraordinary demand, and high prices, for powerful weight-loss drugs will keep them out of reach in the coming year for many patients who are likely to benefit.
Woman who fell out of Edmonton city bus dies
A woman who fell out of an Edmonton city bus Friday has died, police said in a media release issued Monday.
Canada's 100 highest-paid CEOs broke new compensation records in 2022: report
Canada's 100 highest-paid CEOs broke records with their compensation in 2022, according to the Canadian Centre for Policy Alternatives.
Russian missiles hit Ukrainian cities, killing 5 and injuring almost 100, Kyiv officials say
Ukraine's two largest cities came under attack from Russian hypersonic ballistic missiles on Tuesday morning, killing at least four people and injuring almost 100, officials said.
Canada
-
19-year-old dies in officer-involved shooting: Winnipeg police
Manitoba's police watchdog agency is looking into a fatal officer-involved shooting in Fort Richmond Sunday afternoon.
-
Woman who fell out of Edmonton city bus dies
A woman who fell out of an Edmonton city bus Friday has died, police said in a media release issued Monday.
-
Canadians across country celebrate New Year's Day with polar bear swim
Thousands of people across Canada shrieked, shivered and smiled their way into a new year on Monday as they took part in the long-standing tradition of Jan. 1 polar bear dips.
-
Here are some of the new laws and rules coming into effect in Canada in 2024
From tougher bail rules to a new dental care plan, a range of new measures are taking effect across Canada in 2024, aiming to address human rights, public safety, health and other concerns.
-
No Canadians reported hurt, missing after Japan quakes, GAC says
No Canadians have been reported injured or missing following the 7.6-magnitude earthquake that struck the west coast of Japan's main island on Monday, according to Global Affairs Canada (GAC).
-
Sudbury man dies after falling through the ice on Onwatin Lake
Sudbury police say a 60-year-old man from of the community of Hanmer has died after venturing onto the ice of Onwatin Lake.
World
-
Israel says it will defend itself against genocide accusations at world court
Israel will defend itself before the United Nation's top court against charges that it has engaged in genocide of Palestinians in Gaza, officials said Tuesday, a rare engagement with the world body, which Israel often denounces as biased against it.
-
Hong Kong media tycoon behind Apple Daily pleads not guilty to sedition and collusion charges
Prominent activist and publisher Jimmy Lai on Tuesday pleaded not guilty to three charges of sedition and collusion with foreign countries in a landmark national security trial in Hong Kong.
-
Russian missiles hit Ukrainian cities, killing 5 and injuring almost 100, Kyiv officials say
Ukraine's two largest cities came under attack from Russian hypersonic ballistic missiles on Tuesday morning, killing at least four people and injuring almost 100, officials said.
-
Powerful earthquakes leave at least 55 dead, destroy buildings along Japan's western coast
A series of powerful earthquakes that hit western Japan have left at least 55 people dead and damaged thousands of buildings, vehicles and boats. Officials warned Tuesday that more quakes could lie ahead.
-
A missing person with no memory: How investigators solved the cold case of Seven Doe
Police specializing in missing people and cold cases have discovered the identity of a woman with no memory in one of the most unusual investigations the sheriff's office has pursued and one that could change state law.
-
Thai prime minister says visa-free policy for Chinese visitors to be made permanent in March
Thailand and China will soon implement visa-free entry for each other's citizens, Thai Prime Minister Srettha Thavisin said Tuesday. Chinese nationals will be granted visa-free entry on a permanent basis beginning March 1, Srettha said after his Cabinet's weekly meeting.
Politics
-
Amid push for foreign registry, many say other measures needed to fight interference
For more than a year, Canada has been mulling the creation of a foreign agent registry to fight interference in the country's democratic processes. Some say it doesn't belong in the toolbox at all.
-
Singh urges solidarity, respect amid heightened fear in Jewish and Muslim communities
Federal New Democrat Leader Jagmeet Singh says Canadians can and must do better as hate crimes increase during the Israel-Hamas war.
-
Senior military leader: Canadians 'overly comfortable' as global security shifts
Looking ahead to 2024, the commander of the Canadian Joint Operations Command said he thinks the pressure will continue to mount, and Canadians are "overly comfortable" about their safety as the world changes.
Health
-
Weight-loss drugs: Who, and what, are they good for?
Extraordinary demand, and high prices, for powerful weight-loss drugs will keep them out of reach in the coming year for many patients who are likely to benefit.
-
Powdered baby formula recalled over deadly bacteria
Enfamil is recalling its Nutramigen A+ LGG Hypoallergenic Infant Formula over possible bacterial contamination with Cronobacter sakazakii.
-
Low-cost, plant-based drug may help you quit smoking more effectively than nicotine replacement therapy, study shows
A new study shows a low-cost plant-based drug may be more effective than nicotine replacement therapy for people trying to quit smoking.
Sci-Tech
-
Researchers find new way to identify water and potential life on exoplanets
An international team of researchers, including those from MIT and the University of Birmingham, have discovered a new way to determine whether exoplanets are habitable or potentially inhabited.
-
Eclipse excitement: N.B. communities in 'path of totality' plan for perfect view in 2024
New Brunswick communities along the path of this spring’s total solar eclipse are already getting ready for the big day on Monday, April 8, 2024.
-
U.S. military space plane blasts off on another secretive mission expected to last years
The U.S. military's X-37B space plane blasted off Thursday on another secretive mission that's expected to last at least a couple of years.
Entertainment
-
Ex-gang leader makes his bid in Las Vegas court for house arrest before trial in Tupac Shakur case
A former Los Angeles-area gang leader charged with killing hip-hop music icon Tupac Shakur in 1996 in Las Vegas plans to ask a judge on Tuesday to release him to house arrest ahead of the trial in June.
-
'Wonka' ends the year No. 1 at the box office, 2023 sales reach US$9 billion in post-pandemic best
Hollywood closed out an up-and-down 2023 with 'Wonka' regaining No. 1 at the box office, strong sales for 'The Color Purple' and an overall US$9 billion in ticket sales that improved on 2022's grosses but fell about US$2 billion shy of pre-pandemic norms.
-
Ashes of Vancouver 'Star Trek' fan set to go to space alongside famous stars
Gloria Knowlan never dreamt of boldly going where no one had gone before and was content to leave the journey to the 'Star Trek' actors she came to love, but 12 years after her death, her family has ensured the final frontier will be her ultimate resting place.
Business
-
Canada's 100 highest-paid CEOs broke new compensation records in 2022: report
Canada's 100 highest-paid CEOs broke records with their compensation in 2022, according to the Canadian Centre for Policy Alternatives.
-
Warren Buffett, James Simons and Phil Knight are among the top charity donors of 2023
The Chronicle of Philanthropy's annual list of the biggest charitable donations from individuals or their foundations totalled more than $3.5 billion in 2023. Four universities received big gifts in 2023, along with four scientific research institutes and a health-care system. The other gifts went to a family foundation and a racial-justice group.
-
Tesla deliveries beat estimates as year-end sales push pays off
Tesla beat estimates for fourth-quarter deliveries on Tuesday after a push to hand over more Model 3 electric cars before some variants of the compact sedan lose federal tax credits in the New Year under the Inflation Reduction Act.
Lifestyle
-
Canadian couple lives on cruise ships — with no plans to return to land
With 75 countries and territories visited, a retired Canadian couple is making the most of life as they cruise full-time, from coast to coast. They're part of a growing trend of people opting to retire at sea.
-
US$842 million Powerball ticket sold in Michigan, 1st time the game has been won on New Year's Day
Someone in Michigan has won an US$842.4 million Powerball jackpot on the first day of 2024, the first time it has been won on New Year's Day since the game's start in 1992. The winning numbers drawn were: 12, 21, 42, 44, 49 and red Powerball: 1.
-
Bid to attract showy superyachts to Cape Breton under scrutiny
With memories of the tar ponds receding, Sydney, N.S., is now trying to cultivate an upscale vibe — one that includes appealing to billionaires and their toys. It wants to become a destination for superyachts, the most expensive, luxurious boats in the world.
Sports
-
BREAKINGBREAKING Czechia scores late to eliminate Canada from world juniors
Jakub Stancl scored his second goal of the game with 11.7 seconds left in third period as Czechia survived a blown 2-0 lead to defeat Canada 3-2 and advance to the semifinals at the world junior hockey championship on Tuesday.
-
Djokovic and his sore right wrist help Serbia reach United Cup quarters
Novak Djokovic endured a wrist injury to lead Serbia into a United Cup mixed teams quarterfinal showdown against host Australia.
-
Wayne Rooney fired as manager after 15 games at second-tier Birmingham
England great Wayne Rooney was fired as the manager of second-tier club Birmingham on Tuesday after 15 games. Rooney earned only two wins since his controversial appointment in October. Birmingham was sixth in the Championship when he started, and has fallen to 20th.
Autos
-
OpinionOpinion Electric pickup trucks are reliable, save environment: experts
Electric pickup trucks are built to efficiently lug heavier weights such as towing or pulling a trailer, similar to gas-powered ones. The gas-guzzling stereotype carries over, too: EV pickup trucks need a big electrical charge.
-
EV, hybrid and gas-powered: Some interesting cars coming in 2024
Next year will see the introduction of some new, genuinely affordable electric vehicles as well as a couple of interesting options for the ultra-wealthy. We'll also see the return of some classic model names.
-
Nearly 300K Honda vehicles from 2017 to 2020 recalled over engine failure risk
Honda Canada announced up to 297,836 vehicles have been affected by its latest recall due to a fuel pump defect potentially increasing the risks of engine failure or stalling while driving.
