As had been expected, the Apple Watch Series 9 or Apple Watch Ultra 2 are no longer available from Apple’s online store in the United States. Apple removed the the most recent versions of its Apple Watch from sale on the website, due to an October ITC ruling that the Apple Watch’s blood oxygen feature in the Apple Watch Series 9 and Apple Watch Ultra 2 infringes on two Masimo patents.
The U.S. International Trade Commission (ITC) ordered a ban on Apple Watch imports into the country. The ban follows a ruling by the ITC that Apple had violated pulse oximetry patents held by Masimo.
Masimo in 2020 claimed Apple stole Masimo employees and stole trade secrets while the Cupertino firm was developing the Apple Watch. Masimo was seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo said used its technology.
Apple did indeed hire employees away from Masimo, hiring Chief Medical Officer Michael O’Reilly in July 2013, and then in 2014, it hired Cercacor Chief Technical Officer Marcelo Lamego (Cercacor is a Masimo spinoff company). Masimo claims that the two former employees shared Masimo’s intellectual property when they developed the Apple Watch, which Apple denies.
While Apple seems to think a software-based solution will resolve the patent issue, it is unlikely that a software fix will be deployed before sales stop, as the changes will need to be tested.
The White House could still give Apple a reprieve by vetoing the ITC’s decision, but so far the Biden administration has not made a move to do so. The White House has until Christmas Day, December 25 to make a decision.
Apple engineers are reported to be “racing” to make changes to algorithms on the Apple Watch that measure a user’s blood oxygen level — a feature that Masimo Corp. has argued infringes its patents.
Apple will also cease selling the Apple Watch Series 9 and Ultra 2 at its retail stores at the end of the day on December 24. While December 25 is the final day the Biden administration can veto the IYC ban, they are not expected to take action. Apple is expected to file an appeal of the ITC’s final decision with the US Court of Appeals for the Federal Circuit on December 26.
Retail partners like Best Buy, Target, and Walmart will be able to continue selling the Apple Watch until their supplies run out.) The ban also affects repairs of out-of-warranty Apple Watch models.
