In this Saturday, March 14, 2020, file photo, an Apple logo adorns the facade of the downtown Brooklyn Apple store in New York. (AP Photo/Kathy Willens, File)
Apple filed an emergency motion seeking court permission to begin selling two of its most popular watches again until a final decision on its broader appeal in a bitter patent dispute is decided.
The company cut off sales right before the Christmas holiday and in a motion filed Tuesday, Apple said it would suffer “irreparable harm” if previous court orders remain for the two weeks that it said the U.S. International Trade Commission will take to respond to its appeal.
The disruption will likely cost Apple about $300-400 million in holiday-season sales, estimated Wedbush Securities analyst Dan Ives. That’s a relative drop in the bucket for Apple, given that industry analysts are expecting the company to generate nearly $120 billion in sales this quarter, which includes the holiday shopping season.
On Oct. 26, the ITC determined that Apple infringed on two patents owned by Masimo Corp. and Cercacor Laboratories, both U.S. companies. After a 60-day review, the ITC's decision became final Tuesday, but the company had already pulled the watches from store shelves and removed them from its online sales lineup.
On Tuesday, United States Trade Representative Katherine Tai let the ITC decision stand.
“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination,” the office of the U.S. Trade representative said, meaning that the ITC decision officially went into effect Tuesday.
The Cupertino, California tech giant stopped online sales of its Apple Watch Series 9 and Ultra 2 internet-connected watch Thursday in the U.S. after ITC rejected Apple’s bid to get around a late October order blocking the company from using some of the technology underlying the blood oxygen measurement feature on the watches.
Previously purchased Apple Watches equipped with blood oxygen measurement aren’t affected by the ITC order.
Apple contends that the ITC's decision is based on multiple factual errors and that Masimo does not sell a competing product in the U.S. in “meaningful quantities” and would not suffer harm if the order is stayed.
Shares of Apple Inc. are down slightly on a day when the tech sector is one of the strongest in Tuesday trading.
The Federal Aviation Administration says flights departing for Los Angeles International Airport were halted briefly due to a staffing shortage at a Southern California air traffic facility. The FAA issued a temporary ground stop at one of the world’s busiest airports on Sunday morning soon after U.S. Transportation Secretary Sean Duffy predicted that travelers would see more flights delayed as the nation’s air traffic controllers work without pay during the federal government shutdown. The hold on planes taking off for LAX lasted an hour and 45 minutes and didn't appear to cause continued problems. The FAA said staffing shortages also delayed planes headed to Washington, Chicago and Newark, New Jersey on Sunday.
Boeing workers at three Midwest plants where military aircraft and weapons are developed have voted to reject the company’s latest contract offer and to continue a strike that started almost three months ago. The strike by about 3,200 machinists at the plants in the Missouri cities of St. Louis and St. Charles, and in Mascoutah, Illinois, is smaller in scale than a walkout last year by 33,000 Boeing workers who assemble commercial jetliners. The president of the International Association of Machinists says Sunday's outcome shows Boeing hasn't adequately addressed wages and retirement benefits. Boeing says Sunday's vote was close with 51% of union members opposing the revised offer.
The stunning indictment that led to the arrest of more than 30 people — including Miami Heat guard Terry Rozier and other NBA figures — has drawn new scrutiny of the booming business of sports betting in the U.S. The multibillion-dollar industry has made it easy for sports fans — and even some players — to wager on everything from the outcome of games to that of a single play with just a few taps of a cellphone. But regulating the rapidly-growing industry has proven to be a challenge. Professional sports leagues’ own role in promoting gambling has also raised eyebrows.
Tesla, the car company run by Elon Musk, reported Wednesday that it sold more vehicles in the past three months after boycotts hit hard earlier this year, but profits still fell sharply. Third-quarter earnings fell to $1.4 billion, from $2.2 billion a year earlier. Excluding charges, per share profit of 50 cents came in below analysts' estimate. Tesla shares fell 3.5% in after-hours trading. Musk said the company's robotaxi service, which is available in Austin, Texas, and San Francisco, will roll out to as many as 10 other metro areas by the end of the year.
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