## Apple Contests Apple Watch Ban in Lengthy Appeal
The International Trade Commission (ITC) banned sales of Apple Watch Series 9 and Ultra 2 last year, alleging infringement of Masimo’s pulse oximetry patents. Apple has now filed a comprehensive 916-page appeal to overturn the ruling.
Masimo’s Patents and Apple’s Infringement
The ITC concluded that Apple infringed upon Masimo’s patents, harming the domestic industry. However, Apple argues that Masimo primarily produces medical-grade pulse oximeters, not smartwatches like the Apple Watch.
ITC’s Jurisdiction Over ‘Articles’
Apple also contests the ITC’s jurisdiction over the Apple Watch, claiming it does not meet the definition of an “article” under the relevant statute. The appeal cites a previous ruling that 3D models, like the ones Masimo provided as evidence for its W1 smartwatch, are not considered “articles” subject to ITC jurisdiction.
Masimo’s Strategy and Potential Implications
Apple expresses concern that Masimo’s approach may become a blueprint for other companies seeking to ban competitors’ products. The brief argues that this strategy could lead to an influx of frivolous complaints from entities lacking a genuine domestic industry.
AliveCor’s Suit and Apple’s Modifications
The ITC has also issued an import ban on Apple Watches due to alleged infringement of AliveCor’s EKG technology. Apple has responded by modifying its devices to remove the blood oxygen sensor. The outcome of these cases could have significant implications for the wearables market.
Apple’s Circumvention of the Ban
Despite the import ban, Apple has continued to sell modified versions of the Apple Watch Series 9 and Ultra 2 that lack the contested blood oxygen feature. The resolution of the ITC and AliveCor cases will likely take time, potentially leaving Apple’s smartwatch sales in limbo for an extended period.
Divya 
Deepika