Apple banned from selling its flagship Watches in the US starting this week
Apple has announced a suspension of sales for its flagship Apple Watch models, the Apple Watch Series 9 and Apple Watch Ultra 2, in the US.
It comes after a ruling by the International Trade Commission (ITC) following a protracted patent dispute with medical technology company Masimo regarding the blood oxygen sensor technology embedded in the Apple Watch.
The halt in sales is set to take effect later this week. Starting from 3pm ET on Thursday, December 21, customers will no longer be able to order the affected models from Apple's official website, while in-store inventory will be depleted from Apple retail locations after December 24.
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The ITC ruling, issued in October and upholding a judge's decision from January, prompted the case to enter a 60-day Presidential Review Period. This period, set to conclude on December 25, allows President Biden the opportunity to veto the ITC ruling. However, with no action taken thus far, Apple is taking measures to comply with the ITC decision.
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Apple clarified that the sales suspension specifically targets the Apple Watch Series 9 and Apple Watch Ultra 2 due to their blood oxygen monitoring capabilities. The lower-end Apple Watch SE, lacking this particular sensor, remains unaffected and will continue to be available for sale.
ITC ruling prompts the sales halt, impacting the Apple Watch Series 9 and Ultra 2The ITC's decision prohibits Apple from selling the mentioned Apple Watch models, but existing devices with blood oxygen sensors are not affected. Apple Watch Series 9 and Ultra 2 can still be purchased from other outlets, such as Amazon and Best Buy, until the import ban takes effect after December 25.
In a statement to 9to5Mac, Apple said: "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 ban affects the Apple Watch Series 9 (Apple)"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 Apple Watch is available to customers. Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible."
Masimo, a medical technology company, initiated legal action against Apple, alleging patent infringement related to the Apple Watch's blood oxygen sensor technology. The dispute has two facets: a lawsuit filed in a US District Court in California in 2020 and a case brought before the ITC in June 2021.
Apple disagrees with the ITC's decision and explores legal and technical options (AP)Masimo's decision to involve the ITC was driven by frustration with the pace of the initial district court case. The ITC complaint ultimately led to the current situation, compelling Apple to halt sales preemptively.
The ITC found that Apple infringed on two patents related to the Apple Watch's pulse oximeter feature, leading to the sales ban. The Presidential Review Period, a crucial window for potential intervention by the Biden administration, concludes on December 25.
Experts speculate on the economic impact of the Apple Watch ban, drawing comparisons to a previous instance in 2013 when President Obama vetoed a ban on the iPhone amid Apple's legal battles with Samsung. However, Apple contends that the Apple Watch ban could have far-reaching consequences, affecting suppliers, consumers, and the broader economy.
Existing Apple Watch models with blood oxygen sensors are not affected by the banApple's wearables business generated substantial revenue, totalling $13.48 billion in the Q1 2023 holiday quarter. The company stresses the life-saving features of the Apple Watch and its role in health studies, collaborating with organizations like the American Heart Association to underline the device's positive impact.
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Apple can contest the ITC decision by filing an appeal with the US Court of Appeals for the Federal Circuit. The company plans to initiate this appeal on December 26, although it won't forestall the ban's immediate effects on sales and imports.
The uncertainty surrounding the situation leaves many questions unanswered, including the duration of the sales suspension and potential resolutions. Apple remains committed to exploring all available measures to ensure the return of the affected Apple Watch models to US customers.
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