Categories
Crypto

Analysis: Spot bitcoin ETFs may face uphill battle to widen token’s appeal

By Suzanne McGee

(Reuters) – Crypto enthusiasts hailed the approval of U.S. bitcoin exchange-traded funds as the birth of a new asset class, but broadening acceptance of the famously turbulent cryptocurrency beyond its true believers could prove challenging.

A decade in the making, the ETFs offer investors access to spot bitcoin prices, avoiding the risks associated with holding bitcoin directly in a digital wallet, ranging from hacking to fraudulent behavior by crypto exchanges.

Estimates of likely first-year inflows vary widely, from $5 billion to $100 billion. Some market participants have compared the products to the SPDR Gold Shares ETF, which gave a much broader range of investors access to the precious metal when it launched in 2004 and pulled in more than $1 billion in its first three trading days.

Many of the 11 approved ETFs are expected to start trading on Thursday morning.

Cathie Wood, founder of Ark Investments, called it “a truly new asset class.”

One of the ETFs approved by the Securities and Exchange Commission was designed by Ark in tandem with 21Shares, a digital assets investment firm that already operates a crypto ETF in Britain.

“We’re not thinking about profit maximization as much as enabling more and more people to access what we think is a new asset class,” said Wood, who made her name creating actively managed ETFs that bet on so-called disruptive technologies ranging from electric vehicles to bitcoin trading.

Whether the new ETFs earn bitcoin a place at the table alongside more traditional asset classes such as stocks, bonds and commodities could well depend on how successful Wood and other issuers – including BlackRock, Fidelity and Van Eck – are in helping the broader investment community overcome its wariness about the risk factors that take up dozens of pages in each ETF’s regulatory filings.

Bitcoin’s short history has seen several dizzying rallies followed by wrenching drops amid periods of decline sometimes dubbed “crypto winter.” Scandals such as the implosion of crypto exchange FTX in 2022 have also added to investors’ wariness, though proponents have said some of the risk could be mitigated through ETFs, which are listed on tightly-regulated stock exchanges.

That volatility has heightened their appeal as primarily speculative investments, although they were originally created as an alternative to fiat currencies established by and backed by a governments.

Bitcoin, which came into existence in 2008, has a far shorter track record than other asset classes that have spawned wildly successful ETFs, such as gold. That makes it difficult for investors to determine how it will trade over multiple economic cycles.

Jeff Schwartz, president of Markov Processes International, a fintech firm that advises wealth and asset managers, drew a parallel between bitcoin and emerging markets and commodities, two asset classes that gained traction in investors’ portfolios in the 1990s and early 2000s.

Those “were asset classes far better understood by most investors than bitcoin is,” Schwartz said. Nevertheless, “allocations were capped at a very low level (at the time), out of prudence.”

Many expect the bulk of the investment community to follow suit and make only tentative forays into bitcoin ETFs. But even small allocations among a wide pool of investors could add up to billions in inflows: Standard Chartered analysts this week said the ETFs could draw $50 billion to $100 billion this year alone, potentially driving the price of bitcoin as high as $100,000.

“Despite the interest in the crypto market, investors won’t allocate a significant share of their portfolio in cryptos,” said Ruslan Lienkha, chief of markets at fintech platform YouHodler. But “even a small percentage of a portfolio specifically of institutional investors can boost crypto market capitalization.”

Allocating 1% or 2% of a portfolio to spot bitcoin ETFs “shouldn’t create too many issues or too much risk” for many investors, said Sandy Kaul, head of digital assets and industry advisory services at Franklin Templeton. She added investors are hungry for something new as “they’re worried about real estate, unsure about bonds and stocks.”

Proponents of bitcoin as an asset class also point to another much-touted property: its finite supply. The supply of 21 million bitcoins is expected to be fully mined by 2140, in theory making bitcoin resistant to inflation, a property that some investors also attribute to gold.

“Bitcoin is a truly non-inflationary asset,” analysts at Invesco, one of the firms that received ETF approval on Wednesday, said in a report last year. Investment views about Bitcoin are often centered around this idea of scarcity.

Still, it might take a lot of convincing to change the mind of skeptics such as Robert Arnott, founder and chairman of asset manager and consultancy Research Affiliates.

“Bitcoin isn’t an asset; it’s not even like currency,” said Arnott, who has studied the evolution of asset allocation and views bitcoin as closer to investments such as art and fine wine rather than stocks and bonds.

“I view it as a speculative vehicle,” he said. “There’s nothing wrong with speculative vehicles” as long as investors understand what they are getting into, Arnott added.

(Reporting by Suzanne McGee; Editing by Ira Iosebashvili and Jamie Freed)

Categories
Crypto

US SEC approves bitcoin ETFs in watershed for crypto market

By Hannah Lang and Suzanne McGee

WASHINGTON/NEW YORK (Reuters) -The U.S. securities regulator on Wednesday approved the first U.S.-listed exchange traded funds (ETFs) to track bitcoin, in a watershed for the world’s largest cryptocurrency and the broader crypto industry.

The Securities and Exchange Commission said it approved 11 applications, including from BlackRock, Ark Investments/21Shares, Fidelity, Invesco and VanEck, despite warnings from some officials and investor advocates that the products carried risks.

Most of the products are expected to begin trading Thursday, issuers said, kicking off a fierce competition for market share.

A decade in the making, the ETFs are a game-changer for bitcoin, offering investors exposure to the world’s largest cryptocurrency without directly holding it. They provide a major boost for a crypto industry beset by scandals.

“It’s a huge positive for the institutionalization of bitcoin as an asset class,” said Andrew Bond, managing director and senior fintech analyst at Rosenblatt Securities.

Standard Chartered analysts this week said the ETFs could draw $50 billion to $100 billion this year alone. Other analysts have said inflows will be closer to $55 billion over five years.

The market capitalization of bitcoin stood at more than $913 billion as of Wednesday, according to CoinGecko. As of December 2022, total net assets of U.S. ETFs stood at $6.5 trillion, according to the Investment Company Institute.

Bitcoin was last up 3% at $47,300. The cryptocurrency has soared more than 70% in recent months in anticipation of an ETF, and hit its highest level since March 2022 this week.

Success in the battle for inflows will mostly depend on fees and liquidity, analysts say. Some issuers slashed their proposed fees in new filings this week, including BlackRock and Ark/21Shares. Those fees range from 0.2% to 1.5%, with many firms offering to waive fees entirely for a certain period of time. For short-term speculators looking to buy in and out of the products, liquidity could be more important.

Companies expect a flurry of online advertising and other marketing. Some issuers, including Bitwise and VanEck, have already released ads touting bitcoin as an investment.

“It is pretty unprecedented, so we’ll see how it works. I’ve never been in a situation where 10 of the same ETF was launched on the same day,” said Steven McClurg, chief investment officer at Valkyrie, whose ETF was among those approved on Wednesday.

The approvals come a day after an unauthorized person published a fake post on the SEC’s account on social media platform X, saying the agency had approved the products for trading. The agency quickly disavowed and deleted the post.

On Wednesday it said it is coordinating with law enforcement and the SEC’s own internal watchdog to investigate the incident.

That incident, and a confused announcement on Wednesday afternoon in which the SEC appeared to publish the formal regulatory approval and then remove it from its website, did not dampen the crypto industry celebrations.

“We believed that bitcoin could change the world, and we were and remain excited at the prospect of democratizing access to this asset,” said Grayscale CEO Michael Sonnenshein.

Douglas Yones, head of exchange traded products at the New York Stock Exchange, where some products will be listed, said the approval was also a “milestone” for the ETF industry.

Cynthia Lo Bessette, head of digital asset management at Fidelity, said the new products should provide “increased choice for investors who want to engage with” crypto.

Some regulatory experts believe the bitcoin ETFs could also pave the way for other innovative crypto products. Several issuers, for example, have filed for ETFs tracking either, the second-largest cryptocurrency.

“Once the dam has been breached, it’s going to be really hard for the SEC to continue its ‘just say no to crypto’ approach,” said Jim Angel, associate professor at Georgetown’s McDonough School of Business.

‘SPECULATIVE, VOLATILE’

Cryptocurrencies were created as an alternative to fiat currencies — currencies established by and backed by a government such as the U.S. dollar and the euro — but cryptocurrencies are largely used as speculative investments due to their volatility.

The green light marks a U-turn for the SEC, which had rejected bitcoin ETFs due to worries they could be easily manipulated. SEC Chair Gary Gensler is a fierce crypto skeptic.

In a highly unusual move, however, Gensler, a Democrat, joined the SEC’s two Republican commissioners in voting to approve the products, while the agency’s two Democratic commissioners voted against. One, Caroline Crenshaw, cited investor protection worries.

Hopes the SEC would finally approve bitcoin ETFs surged last year after a federal appeals court ruled that the agency was wrong to reject an application from Grayscale Investments to convert its existing Grayscale Bitcoin Trust into an ETF.

In a statement on Wednesday, Gensler said that in light of the court ruling, approving the products was “the most sustainable path forward,” but added the agency did not endorse bitcoin, calling it a “speculative, volatile asset” also used to fund crime.

Gensler also repeated his long-held position that bitcoin is a commodity not a security, and as such, Wednesday’s approval was in “no way” a signal that the SEC would be easing up on its crackdown on crypto players it says are flouting its laws.

To meet the SEC’s investor protection bar, several exchanges had proposed working with Coinbase, the largest U.S. crypto exchange, to police trading in the underlying bitcoin market. But the issuers scrapped that partnership this week in favor of an existing arrangement with the Chicago Mercantile Exchange, which was at the core of Grayscale’s court victory.

The SEC is currently suing Coinbase for allegedly breaching U.S. securities laws, which the company denies.

Dennis Kelleher, CEO of investor advocacy think tank Better Markets, warned that bitcoin was still vulnerable to crypto fraudsters and said approving the ETFs was a “historic mistake.”

“The SEC’s action today has changed nothing about this worthless financial product: bitcoin and crypto still have no legitimate use,” he said.

(Reporting by Hannah Lang in Washington and Suzanne McGeeAdditional reporting Chris Prentice, Douglas Gillison in Washington and Laura Matthews in New York;Editing by Michelle Price, David Evans, Jonathan Oatis, Matthew Lewis and Leslie Adler)

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Categories
Energy

Oil climbs 2% on Mideast conflict and Libya outage

By Nicole Jao

NEW YORK (Reuters) -Oil prices climbed around 2% on Tuesday as the Middle East crisis and a Libyan supply outage pared the previous day’s heavy losses.

Brent crude futures settled $1.47, or 1.9%, higher at $77.59 a barrel, while U.S. West Texas Intermediate crude (WTI) ended $1.47, or 2.1%, higher at $72.24.

Prices drew support from the closure of Libya’s 300,000 barrels per day (bpd) Sharara oilfield, one of its largest, which has been a frequent target for local and broader political protests, and Middle East tensions.

The Israeli military has said its fight against Hamas will continue through 2024, stoking concerns the conflict could escalate into a regional crisis that disrupts oil supplies.

Meanwhile, some major shipping companies are still avoiding the Red Sea following attacks by Iran-aligned Houthi militants in response to Israel’s war against Hamas. However, the impact on oil tanker movements has been less than expected, according to a Reuters analysis.

“The more attractive alternative for (oil tankers) right now is to make a dash for the United States, where crude oil is cheaper than Brent,” said Bob Yawger, director of energy futures at Mizuho.

Brent and WTI posted 3% and 4% losses respectively on Monday after sharp cuts to Saudi Arabia’s official selling prices (OSP), prompting both supply and demand concerns.

Oil futures also were also supported on Tuesday after Saudi Arabia emphasized its desire to support efforts to stabilize oil markets and following reports that Russia curbed its crude oil production level in December, said Price Futures Group analyst Phil Flynn.

“It’s an early sign of compliance by Russia,” he said.

Russia is part of the OPEC+ group of oil producers that has agreed to cut production by around 2.2 million bpd.

In the U.S., crude production will hit record highs over the next two years but grow at a slower rate, the Energy Information Administration (EIA) said, as efficiency gains offset a decline in rig activity. Output will rise by 290,000 bpd to a record 13.21 million bpd this year.

Crude stocks fell by 5.2 million barrels in the week ended Jan. 5, according to market sources citing American Petroleum Institute figures on Tuesday.[API/S]

Government data on stockpiles is due Wednesday. [EIA/S]

Core U.S. inflation data on Thursday will also be in the spotlight.

(Reporting by Nicole Jao in New York, Robert Harvey in London, Arathy Somasekhar in Houston and Emily Chow in Singapore; editing by David Goodman, Marguerita Choy and Jonathan Oatis)

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Categories
Energy

SolarEdge sees moderate growth in U.S. solar industry this year

By Nicole Jao

NEW YORK (Reuters) – The U.S. solar industry will experience modest growth in 2024, as electricity prices decline and support from the Inflation Reduction Act (IRA) rolls in, SolarEdge Chief Financial Officer Ronen Faier said on Thursday.

“We’ve bottomed in the last two quarters,” Faier told investors at a Goldman Sachs conference in Miami, Florida. Macroeconomic uncertainties in the back half of the year weighed on demand for solar products in the United States, he added.

The solar product manufacturer sees demand improving with expectations for lower interest rates this year.

Incentives from the IRA in top solar markets like California are also beginning to improve the economics and prices of solar products and components, said Faier.

The U.S. Department of the Treasury in December unveiled proposed guidelines for manufacturers of clean-energy products seeking to claim a tax credit, created under the IRA, in a bid to power the energy transition with American-made products.

Battery installation is also expected to continue to grow in both the U.S. and European markets, Faier said, as manufacturers clear out large inventories of battery panels and other equipment.

(Reporting by Nicole Jao; Editing by Aurora Ellis)

Categories
Technology

US plans $162 million award to Microchip Technology to boost production

By David Shepardson

WASHINGTON (Reuters) – The U.S. Commerce Department said on Thursday it plans to award Microchip Technology $162 million in government grants to step up U.S. production of semiconductors and microcontroller units (MCUs) key to the consumer and defense industries.

The funds will allow Microchip to triple production of mature-node semiconductor chips and microcontroller units at two U.S. factories, officials said.

The components are crucial for cars, washing machines, cell phones, internet routers, airplanes, and the defense-industrial base.

The award “is a meaningful step in our efforts to bolster the supply chain for legacy semiconductors that are in everything,” Commerce Secretary Gina Raimondo said in a statement.

The announcement comes as the United States wants to shift production of such chips from foreign sources like China.

The award, not yet finalised, is the second in a $52.7 billion program, “Chips for America”, that Congress approved in August 2022 to subsidise semiconductor manufacturing and research.

The first award, of $35 million to a BAE Systems facility to produce chips for fighter planes, was announced in December.

The planned award to Microchip, which consists of $90 million to expand a fabrication facility in Colorado and $72 million for expansion of a similar facility in Oregon, will help cut reliance on foreign production, officials said.

The chips are crucial for the U.S. automotive, commercial, industrial, defense, and aerospace industries, said Lael Brainard, White House National Economic Council director.

The award will help reduce “reliance on global supply chains that led to price spikes and long wait lines for everything from autos to washing machines during the pandemic,” Brainard added.

In a statement, Microchip’s CEO, Ganesh Moorthy, hailed the award as “a direct investment to strengthen our national and economic security.”

It comes after Microchip announced plans early in 2023 to invest $800 million to triple semiconductor production at its Oregon facility.

In January, the Commerce Department said it planned to survey how U.S. companies are sourcing so-called legacy chips – current-generation and mature-node semiconductors.

The survey aims to “reduce national security risks posed by” China and will focus on the use and sourcing of Chinese-made legacy chips in the supply chains of critical U.S. industries.

Last month, Raimondo told Reuters she expected to make about a dozen semiconductor chips funding awards in 2024, including some running into billions of dollars that could drastically reshape U.S. chip production.

(Reporting by David Shepardson; Editing by Clarence Fernandez)

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Categories
Technology

Tesla delivers record Q4 cars, but China’s BYD steals top EV spot

By Akash Sriram

(Reuters) -Tesla delivered a record number of electric vehicles in the fourth quarter, beating market estimates and meeting its 2023 target, but lost its spot as the top EV maker by sales to China’s BYD.

Tesla delivered 484,507 EVs in the October-to-December period, falling short of the 526,409 vehicles that Warren Buffett-backed BYD handed over – mostly in China – suggesting that car buyers were looking for cheaper models in a high-interest-rate economy.

While the U.S. automaker’s year-end sales push mostly paid off, helping it deliver 1.8 million vehicles this year, it fell short of CEO Elon Musk’s ambitious 2 million annual internal target.

However, it is still ahead of BYD for the whole year. The Chinese firm delivered a total of 3.02 million vehicles, including about 1.4 million plug-in hybrid EVs.

Tesla stock, which doubled last year, was nearly flat on Tuesday in a broadly weaker market.

BYD’s deliveries show price cuts are working for the Chinese company, said Susannah Streeter, head of money and markets at Hargreaves Lansdown.

“The fight will hurt margins for both companies, but BYD clearly believes it’s a price worth paying to increase market share and recognition,” she added.

Tesla increased discounts and offered incentives like six months of free fast charging if customers took deliveries by December-end, in a bid to boost sales before some variants of its compact Model 3 sedan lose U.S. federal tax credits in 2024.

That helped it post a growth of 11% over the immediately previous quarter and higher than estimates of 473,253, according to 14 analysts polled by LSEG.

It made a record 494,989 vehicles in the quarter after a production halt in the third quarter to upgrade assembly lines, taking total production in 2023 to 1.85 million units.

On Wednesday, China Passenger Car Association (CPCA) data showed Tesla sold 94,139 China-made electric vehicles (EVs) in December, up 68.7% from a year earlier.

Tesla’s delivery numbers are “much, much, much better than domestic U.S. car companies,” said Gary Bradshaw, portfolio manager at Tesla shareholder Hodges Capital.

Smaller rival Rivian also reported deliveries on Tuesday, with the company missing market estimates amid a broader pullback in EV demand.

The weakness has led U.S. automakers including Ford and General Motors to become more cautious about their EV production capacity plans.

Tesla is also facing scrutiny from regulators over its self-driving technology with the company recalling more than 2 million vehicles last month to install new safeguards in its Autopilot advanced driver-assistance system, after a federal safety regulator cited safety concerns.

Consumer Reports — an influential U.S. non-profit group that conducts extensive reviews of cars, kitchen appliances and other goods — said its preliminary evaluation suggests the software update to fix issues were not sufficient and did not go far enough to prevent misuse and driver inattention.

TAX CREDITS

Some analysts said Tesla could have to continue the price cuts it started in January last year to maintain demand, after the end of the tax incentives under the Inflation Reduction Act (IRA) brought forward sales into the fourth quarter.

“Tesla may have to cut prices further, especially for a vehicle like the versions of the Model 3 that lost their tax credit,” said Seth Goldstein, equity strategist at Morningstar.

The rear-wheel drive and long-range variants of Tesla’s Model 3 no longer have federal tax credits of $7,500 this year as updated requirements on battery material sourcing kick in, under the IRA.

Goldstein, however, said that most of the price cuts were in response to higher interest rates by the U.S. Federal Reserve so Tesla may maintain prices if borrowing costs start coming down.

Model 3 cars and Model Y sports utility vehicles accounted for 461,538 deliveries in the quarter, while Tesla handed over about 23,000 units of its other models.

Tesla did not disclose if the deliveries included the newly launched Cybertruck.

(Reporting by Akash Sriram in Bengaluru; editing by Shounak Dasgupta, Krishna Chandra Eluri and Pooja Desai)

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Categories
Technology

More EVs lose US tax credits including Tesla, Nissan, GM vehicles

By David Shepardson

WASHINGTON (Reuters) -Many electric vehicles lost eligibility for tax credits of up to $7,500 after new battery sourcing rules took effect on Monday, including the Nissan Leaf, Tesla Cybertruck All-Wheel Drive, some Tesla Model 3s and Chevrolet Blazer EV, the U.S. Treasury said.

The Treasury issued guidelines in December detailing new battery sourcing requirements aimed at weaning the U.S. electric vehicle supply chain away from China. They took effect on Monday.

The number of EV models qualifying for U.S. EV tax credits fell from 43 to 19. Those figures include different versions of the same vehicle type. Treasury said some manufacturers have yet to submit information on eligible vehicles, which could lead to changes in the list.

Tesla did not immediately comment Monday but said on its website “Cybertruck is likely to qualify for the federal tax credit later in 2024.”

The new rules allow buyers to claim the tax credit of up to $7,500 at a participating dealership at the point of sale. The tax credit sets limits on vehicle price and buyer income to qualify.

The Volkswagen ID.4, Tesla Model 3 Rear Wheel Drive, BMW X5 xDrive50e, Audi Q5 PHEV 55, Cadillac Lyriq and Ford E-Transit are among the vehicles that fell off the list of vehicles eligible for tax credits.

Volkswagen said on Monday it “is in the process of confirming eligibility for a federal EV tax credit for vehicles” after Jan. 1.

“We are optimistic that MY2023 ID.4s and all MY2024 ID.4s will be eligible under the new rules,” VW added.

BMW did not immediately comment.

Nissan said is working with suppliers in an effort to meet changing requirements “and regain tax credit eligibility for the Nissan Leaf in the future.”

The Treasury said “automakers are adjusting their supply chains to ensure buyers continue to be eligible for the new clean vehicle credit, partnering with allies and bringing jobs and investment back to the United States.”

Ford Motor said last month its E-Transit would lose the $3,750 tax credit, as would the Mach-E and Lincoln Aviator Grand Touring plug-in hybrid, but its F-150 EV Lighting and the Lincoln Corsair Grand Touring retained credits.

General Motors noted all of its EVs would temporarily lose eligibility except the Chevrolet Bolt, adding the Lyriq and Blazer EV are losing the credit because of two minor components.

GM expects after a sourcing change the Lyriq and Blazer EV will regain eligibility in early 2024 and said its Chevrolet Equinox EV, Chevrolet Silverado EV, GMC Sierra EV and Cadillac OPTIQ produced “after the sourcing change will be eligible for the full incentive.”

The 2022 Inflation Reduction Act law reformed the EV tax credit, requiring vehicles to be assembled in North America to qualify for any tax credits, eliminating nearly 70% of eligible models at the time.

Tesla disclosed in December its Model 3 Rear-Wheel Drive and Long Range vehicles would lose federal tax credits starting Jan. 1. The Model 3 Performance retains the $7,500 credit.

(Reporting by David ShepardsonEditing by Marguerita Choy and Lisa Shumaker)

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Categories
Energy

Oil prices settle down 3% as Red Sea shipping disruptions ease

By Shariq Khan

BENGALURU (Reuters) -Oil prices fell 3% on Thursday as more shipping companies said they were ready to transit the Red Sea route, easing concerns about supply disruptions as Middle Eastern tensions stay elevated.

The more active Brent crude futures for March delivery settled down $2.39, or 3%, at $77.15. Brent futures for February delivery, which expired after settlement, fell 1.3% to $78.39 a barrel.

U.S. West Texas Intermediate crude futures fell by $2.34, or 3.2%, to $71.77 a barrel. On Wednesday, oil prices dropped nearly 2% as major shipping firms began returning to the Red Sea.

Denmark’s Maersk will route almost all container vessels sailing between Asia and Europe through the Suez Canal from now, and divert only a handful around Africa, a Reuters breakdown of the group’s schedule showed on Thursday.

France’s CMA CGM is also increasing the number of vessels travelling through the Suez Canal, it said earlier in the week.

“The perception is that the Red Sea route is reopening and will bring supply to market weeks faster,” Price Futures Group analyst Phil Flynn said.

Major shipping companies stopped using Red Sea routes and the Suez Canal earlier this month after Yemen’s Houthi militant group began targeting vessels.

The U.S. Energy Information Administration reported a much larger-than-expected draw in U.S. crude oil inventories last week, which limited price declines for awhile.

Later, prices fell further, likely as traders focused on a bulk of the draw coming from the U.S. Gulf Coast region, where refiners are scrambling to clear inventories to avoid high taxes on storage at the end of the year, UBS analyst Giovanni Staunovo said.

U.S. crude stockpiles fell by 7.1 million barrels in the week ended Dec. 22, EIA data showed, while analysts polled by Reuters had expected a draw of 2.7 million barrels. Crude oil stocks at the U.S. Gulf Coast fell by 11.03 million barrels, the biggest decline since Aug, the data showed. [EIA/S]

Investors expect interest rate cuts in Europe and the U.S. in 2024, which could boost oil demand.

(Reporting by Shariq Khan, Natalie Grover, Yuka Obayashi and Sudarshan Varadhan; Editing by Tomasz Janowski, Kirsten Donovan Barbara Lewis and David Gregorio)

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Technology

Apple can temporarily sell smartwatches after US appeals court win

By Blake Brittain and Jaspreet Singh

(Reuters) -Apple can for now resume sales of its flagship smartwatches, after a U.S. appeals court on Wednesday paused a government commission’s import ban on the devices imposed in a patent dispute over its medical monitoring technology.

The tech giant had filed an emergency request asking the U.S. Court of Appeals for the Federal Circuit to halt an order from the U.S. International Trade Commission (ITC), which had ruled that Apple had infringed the patents of Irvine, California-based Masimo.

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. Ultimately, though, any financial hit for Apple is likely to be dwarfed by the bad publicity the lawsuit is generating, they said.

Masimo shares closed 4.6% lower at $115.11 following the decision on Wednesday, and Apple shares closed flat at $193.15.

“We are thrilled to return the full Apple Watch lineup to customers in time for the new year,” Apple said in a statement. “Apple Watch Series 9 and Apple Watch Ultra 2, including the blood oxygen feature, will become available for purchase again in the United States at Apple Stores starting today and from apple.com tomorrow by 12 pm PT.”

Masimo declined to comment on the court decision.

The ITC barred imports and sales of Apple Watches with technology for reading blood-oxygen levels. Starting with its Series 6 model in 2020, Apple included a pulse oximeter feature in its smartwatches.

Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into Apple Watches. Apple has countersued, calling Masimo’s legal actions a “maneuver to clear a path” for its own competing smartwatch.

“Apple can easily develop their own blood monitoring software, it is just a matter of time … The software development costs are not something that will be too concerning for a company as wealthy as Apple,” said Stuart Cole, chief macro economist at Equiti Capital.

“The bigger issue is that this is not very good PR for Apple, suggesting as it does that Apple is stealing technology from competitors rather than developing its own. Apple is fighting this lawsuit more with an eye on what it means for their future health-wearable products rather than this specific blood oxygen monitoring piece of software,” he said.

In a four-paragraph ruling on Wednesday, 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.

Apple has said it is working on a range of legal and technical options.

On Tuesday, the company 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.

Apple had paused sales of the affected devices from its website and retail locations last week in the United States due to the ITC decision. They remained available at 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.

A jury trial on Masimo’s allegations against Apple in California federal court had ended with a mistrial in May.

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.

(Reporting by Blake Brittain in Washington and Jaspreet Singh in Bengaluru, additional reporting by Max Cherney in San Francisco, and Akash Sriram and Aditya Soni in Bengaluru; Editing by Ben Klayman, Chizu Nomiyama, Howard Goller and Matthew Lewis)

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Energy

US offshore wind poised for success next year after turbulent 2023

By Scott DiSavino

NEW YORK (Reuters) – The U.S. offshore wind industry is eying a brighter 2024, with work expected to start on several projects following a year marked by stalled developments and billions of dollars in write-offs.

The offshore wind industry is expected to play a major role in helping several states and U.S. President Joe Biden meet goals to decarbonize the power grid and combat climate change.

But progress slowed in 2023 after offshore developers canceled contracts to sell power in Massachusetts, Connecticut and New Jersey, and threatened to cancel agreements in other states, as soaring inflation, interest rate hikes and supply chain problems increased project costs.

European energy companies Orsted, Equinor and BP took about a combined $5 billion in writedowns on U.S. offshore wind projects that were in development because existing power sales contracts would not cover the cost of building and financing the projects.

Next year, developers hope to revive projects with canceled or threatened power sales contracts by bidding their facilities in upcoming solicitations in several states, including New York, New Jersey, Massachusetts and Connecticut.

“While auction clearing prices may increase, states appear to remain committed to clean energy goals,” said Eli Rubin, senior energy analyst at energy consulting firm EBW Analytics Group.

There were only two small offshore wind projects operating in the U.S. at the start of 2023, one in Rhode Island and another in Virginia, with total capacity of just 41 megawatts (MW). Capacity is set to jump to almost 1,000 MW in 2024 as commercial-scale projects off New York and Massachusetts enter service.

One thousand megawatts of offshore wind can provide power to around 500,000 U.S. homes.

“State procurements and policies will continue to drive demand for offshore wind energy and federal support will enable more job creation, supply chain investment and domestic energy production,” said Ryan Ferguson, spokesman at Danish energy company Orsted.

STATE SUPPORT

New York last month launched a solicitation that allowed companies to exit old contracts and re-offer projects at higher prices. It will announce winners of an expedited solicitation for offshore wind in February.

The state accelerated the solicitation in October after several developers, including Orsted, BP and Equinor, threatened to cancel contracts to sell power that were awarded in 2019 and 2021 before the Federal Reserve started hiking interest rates in March 2022 to fight soaring inflation.

New York’s first offshore wind farm, Orsted’s 132-MW South Fork provided first power in December.

In New Jersey, Governor Phil Murphy directed state utility regulators in November to launch an accelerated offshore wind solicitation in early 2024 after Orsted, the world’s biggest offshore wind company, canceled its two Ocean Wind projects.

Elsewhere in New Jersey, Shell and France’s EDF continue to develop the 1,510-MW Atlantic Shores wind farm, which should produce power by 2027-2028, according to the project’s website.

In Virginia, U.S. energy company Dominion Energy said its roughly $10 billion, 2,587-MW Coastal Virginia Offshore Wind project remained on budget and on track to start offshore construction in May 2024. First power is expected in the second half of 2025 and completion is set for late 2026.

In Massachusetts, Avangrid and Copenhagen Infrastructure Partners’ 806-MW Vineyard Wind 1 project is on track to produce first power in the near future.

Avangrid, which canceled contracts to sell power from projects off Massachusetts and Connecticut in 2023, said it plans to re-bid its 1,232-MW Commonwealth Wind off Massachusetts and 804-MW Park City off Connecticut in future solicitations.

“What you’re going to see in 2024 is a lot of competitive bids that will lead to contracts that will enable projects to go forward,” said Ken Kimmell, chief development officer for offshore wind at Avangrid.

Avangrid is majority owned by Spanish energy company Iberdrola.

Orsted, meanwhile, said it plans to start offshore construction in the spring of 2024 on its roughly $4 billion Revolution Wind project, which will supply 704 MW to consumers in Rhode Island and Connecticut.

(Reporting by Scott DiSavino, Editing by Rosalba O’Brien)