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still on hold — Appeals court pauses ban on patent-infringing Apple Watch imports Apple pulled the Watch Series 9 and Watch Ultra 2 from sale on December 21.

Jonathan M. Gitlin – Updated Dec 27, 2023 5:27 pm UTC Enlarge / The Apple Watch Series 9 released in September 2023. Apple reader comments 139

Just before Christmas, Apple pulled two of its latest smartwatches from stores. The cause was not an unwelcome visit from the ghost of mechanical timepieces past but the International Trade Commission, which found that the California-based computer maker had infringed on some patents, resulting in the ITC banning the import of said watches. Yesterday, Reuters reported that Apple filed an emergency request for the courts to lift the ban and will appeal the ITC ruling.

And today, the US Court of Appeals for the Federal Circuit granted Apple’s wish, pausing the ban while it considers the tech company’s argument.

Apple’s watch problems started back in January. That’s when a court found that the light-based pulse oximetry sensor (found on the back of the watches) infringed patents held by Masimo, a medical device manufacturer also based in California.

At the time, Apple said since Masimo was not a consumer-focused company, it chose not to collaborate or acquire the medical device maker. Masimo, for its part, said that Apple led it on in discussions then took its idea and hired away Masimo engineers. Advertisement

In October, the ITC upheld the ruling of infringement and started the process to ban imports of the watches, giving US President Joe Biden’s administration 60 days to review the case and possibly veto the ruling.

But the Biden administration has chosen not to interfere, unlike in 2013 when the Obama administration vetoed a ban on iPhones and iPads during a patent dispute between Apple and Samsung. Although the ITC’s import ban on Apple Watch Series 9 and Ultra 2 models was supposed to go into effect on December 26, Apple pulled the watches from sale a few days early. The older Apple Watch SE, which doesn’t use the infringing blood oxygen sensor, remains on sale.

“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Apple said in a statement.

Apple had asked the CAFC to pause the ban until US Customs and Border Protection decides whether redesigned Apple Watches no longer infringe on Masimo’s patents, a decision that should be reached by January 12. Now the court has given the ITC a deadline of January 10 to respond to Apple.

This article was updated shortly after publication to reflect the court pausing the import ban. reader comments 139 Jonathan M. Gitlin Jonathan is the Automotive Editor at Ars Technica. He has a BSc and PhD in Pharmacology. In 2014 he decided to indulge his lifelong passion for the car by leaving the National Human Genome Research Institute and launching Ars Technica’s automotive coverage. He lives in Washington, DC. Advertisement Channel Ars Technica ← Previous story Next story → Related Stories Today on Ars

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Oilers forward Hyman injured in 1st, exits Game 4

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Oilers forward Hyman injured in 1st, exits Game 4

EDMONTON, Alberta — Edmonton Oilers‘ top-line forward Zach Hyman was ruled out for the rest of Game 4 of the Western Conference finals Tuesday against the Dallas Stars after taking a hit from forward Mason Marchment, ESPN’s Emily Kaplan reported on the game broadcast.

The first-period collision appeared to immediately rattle Hyman, who dropped his stick and seemed to favor his right arm or wrist. Hyman went directly to the Oilers’ dressing room and did not return.

Hyman has been a key member of the Oilers’ postseason success, registering a league-leading 119 hits in 14 playoff games and scoring five goals and 11 points. He’s a fixture on the team’s top forward unit with Connor McDavid and is part of both the Oilers’ power play and penalty kill.

Edmonton was already down a forward going into Game 4 with Connor Brown sidelined after a hit from Dallas defenseman Alexander Petrovic in Sunday’s Game 3. Viktor Arvidsson returned to the lineup as Brown’s replacement on the fourth line.

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Referee Rooney returns, 11 days after high stick

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Referee Rooney returns, 11 days after high stick

EDMONTON, Alberta — NHL official Chris Rooney was back on the ice Tuesday night for Game 4 of the Western Conference finals between the Edmonton Oilers and Dallas Stars.

It was the veteran referee’s conference finals debut, and a fitting return for Rooney given the circumstances. It was Rooney’s first game since he took a high stick to the face on May 17 during Game 7 of the Eastern Conference second-round series between the Toronto Maple Leafs and Florida Panthers.

Rooney was injured 13 seconds into the second period when Panthers’ defenseman Niko Mikkola caught him with the end of his stick while fighting for a puck. Rooney fell to the ice and was tended to by trainers from both teams.

While bloodied, he was able to leave under his own power. Rooney sustained a black eye and received stitches for his injury but had no lasting damage. He was replaced at the time by Garrett Rank, in the building on standby in case on injury.

It was clear even the day after his injury that Rooney, 50, hoped to resume duties at some point in the playoffs. The Boston native was finally able to step in for Game 4 with fellow referee Dan O’Rourke.

The pair was joined by linesmen Ryan Gibbons and Matt MacPherson. Referee Graham Skilliter and linesman Ryan Daisy were in the building as alternates.

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Hintz (leg) back in action, joins Stars’ top line

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Hintz (leg) back in action, joins Stars' top line

EDMONTON, Alberta — Dallas Stars forward Roope Hintz is back in the lineup for Game 4 of the Western Conference finals Tuesday.

The club’s top skater, sidelined since Game 2, when he took a slash to the left leg from Edmonton Oilers defenseman Darnell Nurse, was placed on the top line, alongside Jason Robertson and Mikko Rantanen after taking warmups and line rushes prior to puck drop.

Hintz also took part in warmups before Game 3 on Sunday but exited early and was ruled out. He was back on the ice for Dallas’ optional practice Monday and told reporters he was “feeling good” and “trying to do everything I can” to get back in for Game 4.

It was early in the third period of Game 2 when Hintz — parked in front of the Oilers’ net — shoved Nurse from behind, and the Oilers’ blueliner responded by swinging his stick at Hintz’s leg. Hintz went down to the ice for several minutes before being helped off by Lian Bichsel and Mikael Granlund.

Nurse received a two-minute penalty for the slash but no supplementary discipline from the league. The blueliner addressed the incident publicly for the first time Tuesday, saying it didn’t come with malicious intent.

“I was backing up to net and I got shot in the back. And I think it was just a natural reaction [to respond],” Nurse said. “It’s probably a play that everyone in this room, whether you’re a net-front guy or D man, probably happens a dozen, two dozen times in a year. It’s unfortunate that I must have got [Hintz] in a bad spot. You don’t want to go out there and hurt anyone. But it was just one of those plays that happens so often.”

Having Hintz unavailable hurt the Stars in Game 3, a 6-1 drubbing by the Oilers that put Dallas in a 2-1 hole in the best-of-seven series. Hintz is the Stars’ second-leading scorer in the postseason, with 11 goals and 15 points through 15 games. He was hopeful when taking warmups Sunday that he’d feel good enough to get back in, but a quick discussion with the training staff made it clear he wasn’t ready.

Before Tuesday night, coach Peter DeBoer had since classified Hintz’s status as day-to-day.

“Of course you want to go every night, but sometimes you just can’t,” Hintz said. “I don’t know how close I [was to playing]. But I have played many years [and I] know when it’s good and when it’s not. I should be good to know that [when] it comes to that decision.”

The Oilers will have some lineup changes of their own to sort through in Game 4. Connor Brown, who is out after taking a hit from Alexander Petrovic in Game 3, will be replaced by Viktor Arvidsson. Calvin Pickard, injured in Edmonton’s second-round series against Vegas, will return to back up Stuart Skinner. And Edmonton continues to wait on defenseman Mattias Ekholm, who is getting closer to returning from a lower-body injury.

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