Patent disputes that result in temporary sales bans or even recall of a certain type of product are not uncommon in the technology world. But it rarely happens that they affect the biggest manufacturers and their current key products. Apple will now have to deal with such a challenge in the United States.
Apple will be forced to stop selling its latest Apple Watch Series 9 and Ultra 2 due to a patent dispute with Masimo over blood oxygen measuring technology. The blood oxygenation sensor is used by only two of the currently offered watches. Older models are no longer sold by Apple itself, although we can find them at other retailers. But the ban will not apply to them.
The sales ban in the US applies to the latest Apple Watch Series 9 and Ultra 2 watches
For those in the know, this is not an entirely new case – the US International Trade Commission (ITC) is she agreed already in October. Masimo originally accused Apple of a total of 103 infringements on a total of 5 patents. The ITC ultimately found only two cases to be valid, both involving the Apple Watch’s pulse oximeter technology.
There is now a 60-day period from the October decision during which President Joe Biden can comment on the case and possibly veto it directly. The last date for a possible veto expires already on December 25. Apple probably has an inkling that the situation is not going well for it, so in view of the Christmas holidays and also the fact that it is not often that the president vetoes the ITC’s decision, he reacted preemptively now and himself announced the planned end of sales of the two mentioned watch models in the USA.
First, online sales will end on December 21. In brick-and-mortar Apple Stores, the aforementioned smart watch will stop being offered from December 24. The Apple Watch SE, which is still available from Apple itself online and in Apple Stores, will remain on sale because it does not include a blood oxygen meter.
Apple’s statement on the end of the sale:
“The presidential review period is ongoing regarding the US International Trade Commission’s order in a technical intellectual property dispute involving Apple Watch devices incorporating the Blood Oxygen feature. While the review period won’t end until December 25, Apple is taking preemptive steps to comply should the decision stand. This includes suspending sales of Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21st and from Apple retail stores after December 24th.
Apple teams work tirelessly to create products and services that provide users with cutting-edge health, wellness and security features. Apple strongly disagrees with the decision and is pursuing a range of legal and technical options to ensure the Apple Watch is available to customers. Should the decision stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.”
A shared past
As the site noted 9To5Mac, both companies have a long history together. According to Masino, they were already contacted by Apple in 2013 regarding possible cooperation. However, in the negotiations, Apple was said to have used these meetings to obtain information, expertise and eventually some of Masino’s employees, even before the launch of the first Apple Watch smartwatch.
Since then, Masino has been suing Apple for patent infringement and alleged theft of sensitive information. However, only now has such a big decision been made in favor of Masino. At the same time, stopping sales in the domestic US market could be painful for Apple. His smart watches have long been among the best sellers on the market, especially in the United States.
We tested the Apple Watch Series 9 and Ultra 2 in the editorial office:
2023-12-18 18:08:40
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