Sometimes even Apple’s legal department can’t keep bad things from happening to the company, even amid the holiday shopping season.
Apple announced on Monday that it would pause sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. later this week due to an ongoing patent dispute with medical tech company Masimo related to blood oxygen sensing.
The company stated that the Apple Watch Series 9 and Ultra 2 models will no longer be available to purchase at Apple’s online store in the U.S. starting December 21 (after 12 p.m. Pacific Time), or from Apple retail stores in the U.S. after December 24. The devices will remain available to purchase in other countries.
Back in October, the International Trade Commission (ITC) ordered a ban on certain Apple Watch imports into the U.S. after it was discovered that Apple had violated Masimo’s patents related to non-invasive blood oxygen sensing, a technique also known as “pulse oximetry.” Apple, in turn, has stated that it is preemptively taking steps to comply should the ruling stand, while also adding that it “strongly disagrees” with the ITC’s order and is “pursuing a range of legal and technical options” to ensure that availability of the Series 9 and Ultra 2 resumes in the U.S. as soon as possible.
Apple also stated that it plans to appeal the ITC’s order with the U.S. Court of Appeals for the Federal Circuit on December 26 if necessary.
Apple offered the following comment:
“A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24. The decision does not impact sales of the devices in other countries at this time.
Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that the Apple Watch is available to customers.
Should the order stand, Apple will continue to take all measures to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
Since 2020, Masimo has accused Apple of poaching its employees and stealing trade secrets in order to develop the blood oxygen sensing feature available on the Apple Watch Series 6 and newer. In January, an ITC judge ruled that Apple had infringed on a Masimo patent relating to light-based technology for reading blood-oxygen levels.
Massimo offered the following comment as to the ITC’s order:
“The decision to exclude certain foreign-made models of the Apple Watch demonstrates that even the world’s most powerful company must abide by the law.”
Stay tuned for additional details as they become available.