Apple Wins Bid to Pause Apple Watch Ban at US Appeals Court

People walk past the Apple store in the Glendale Galleria shopping mall on the day after Christmas on December 26, 2023 in Glendale, California. (Getty Images/AFP)
People walk past the Apple store in the Glendale Galleria shopping mall on the day after Christmas on December 26, 2023 in Glendale, California. (Getty Images/AFP)
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Apple Wins Bid to Pause Apple Watch Ban at US Appeals Court

People walk past the Apple store in the Glendale Galleria shopping mall on the day after Christmas on December 26, 2023 in Glendale, California. (Getty Images/AFP)
People walk past the Apple store in the Glendale Galleria shopping mall on the day after Christmas on December 26, 2023 in Glendale, California. (Getty Images/AFP)

Apple scored a victory on Wednesday as a US appeals court paused a government commission's import ban on some of its popular Apple smartwatches following a patent dispute with medical-technology firm Masimo.

The tech giant had filed an emergency request for the US Court of Appeals for the Federal Circuit to halt the order after appealing the US International Trade Commission's (ITC) decision that it had infringed Masimo's patents.

US President Joe Biden's administration declined to veto the ban on Dec. 26, allowing it to take effect. Apple asked for a pause of the ban later that day.

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 has paused sales of its Series 9 and Ultra 2 smartwatches in the US, though the watches have remained available at other retailers including Amazon, Best Buy , Costco and Walmart.

The ban does not affect the Apple Watch SE, a less-expensive model without a pulse oximeter. Previously sold watches also will not be affected by the ban.

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 $8.28 billion in revenue during the third quarter of 2023, according to a company report.



US Finalizes $9.63 billion Loan for Ford, SK On Joint Battery Venture

Ford cars are displayed at the 39 Thailand International Motor Expo, in Bangkok, Thailand, November 30, 2022. REUTERS/Athit Perawongmetha/File Photo
Ford cars are displayed at the 39 Thailand International Motor Expo, in Bangkok, Thailand, November 30, 2022. REUTERS/Athit Perawongmetha/File Photo
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US Finalizes $9.63 billion Loan for Ford, SK On Joint Battery Venture

Ford cars are displayed at the 39 Thailand International Motor Expo, in Bangkok, Thailand, November 30, 2022. REUTERS/Athit Perawongmetha/File Photo
Ford cars are displayed at the 39 Thailand International Motor Expo, in Bangkok, Thailand, November 30, 2022. REUTERS/Athit Perawongmetha/File Photo

The US Energy Department on Monday said it has finalized a $9.63 billion loan to a joint venture of Ford Motor and South Korean battery maker SK On to help finance construction of three new battery manufacturing plants in Tennessee and Kentucky.

The low-cost government loan for the BlueOval SK joint venture is the largest ever from the government's Advanced Technology Vehicles Manufacturing loan program. SK On is the battery unit of energy group SK Innovation.

The final award - first reported by Reuters - is one of a series of actions by the Biden administration to boost electric vehicle production before President-elect Donald Trump takes office next month, Reuters reported.

The amount is higher than the $9.2 billion conditional commitment announced in June 2023 for the BlueOval project. Trump and his advisers have been critical of the Biden administration's efforts to incentivize EV production.

"This program is essential to getting people to choose the United States of America," said Jigar Shah, who heads the DOE Loan Programs office, in an interview. "When you look at the competition that we have from China, it is very clear to me that they have used low-cost debt for a very long time to promote a lot of manufacturing capacity that has hollowed out many communities in Kentucky, Tennessee, and other states around the country."

The joint venture is building battery manufacturing facilities in Kentucky and Tennessee that will enable more than 120 gigawatt hours of U.S. battery production annually.

BlueOval SK said it has invested more than $11 billion to date in the construction of the three 4-million-square-foot facilities and plans to begin production at the first Kentucky plant in 2025 and will be ready to begin production in Tennessee in late 2025.

Asked why it took nearly 18 months to complete the loan, Blue Oval SK said the DOE undertook rigorous due diligence that had to conduct technical, market, financial, credit, legal, regulatory, and other reviews.

Earlier this month, the DOE said it is planning to loan up to $7.54 billion to the StarPlus Energy joint venture of Chrysler-parent Stellantis and Samsung SDI to help build two EV lithium-ion battery plants in Indiana.

The conditional commitment award must still be finalized and includes $6.85 billion in principal and $688 million in capitalized interest

The DOE said last month it was proposing to loan Rivian up to $6.6 billion to build a plant in Georgia to begin building smaller, less expensive EVs in 2028.

In December 2022, the DOE finalized a $2.5 billion low-cost loan to a joint venture of General Motors and LG Energy Solution to help pay for three new lithium-ion battery cell manufacturing facilities in Ohio, Tennessee and Michigan.