Apple said today that it will suspend sales of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States later this week due to a patent dispute with medical technology company Masimo over blood oxygen sensing.In a statement shared with 9to5Mac, Apple said that Series 9 and Ultra 2 will no longer be sold in the Apple online store in the United States starting on December 21, and will no longer be sold in Apple retail stores in the United States after December 24. Sales of these devices in other countries will not be affected.
In October this year, the U.S. International Trade Commission determined that Apple had infringed Masimo's patent on non-invasive blood oxygen sensing (also known as pulse oximeter) and ordered a ban on the import of some Apple Watches into the United States. U.S. President Joe Biden will review the order before December 25, but presidential reviews of ITC import bans have historically been rare. Apple, meanwhile, said it would take steps to comply if the ruling stands.
Medical company Masimo filed a lawsuit in the U.S. District Court in 2020, claiming that Apple had stolen trade secrets and infringed on the patent for the blood oximeter in Apple Watch. Subsequently, the U.S. International Trade Commission submitted a document in 2021.
Masimo believes the import ban will have no impact on the public because the sensor is not "critical to public health or welfare." Masimo claims this is because Apple warns in fine print that the sensor's measurements "should not be used for medical purposes."
While the district court trial ended in a mistrial and did not proceed, the ITC did rule in favor of Masimo in January. In October, the ITC immediately issued an order prohibiting the United States from importing any Apple Watch models that infringed Massimo's patent and initiated a 60-day White House review period.
If the White House reviews and agrees to the ban, the ban will be implemented from December 25, stopping the import and sale of these products. Apple can still appeal the ITC's decision, but not until the 60-day review period is over.
Apple will almost certainly challenge the import ban, which would otherwise theoretically last until the patent expires in August 2028. Appeal documents may include a request to stay the ban pending another review, although the court may decide not to lift it for now.
Apple's full statement:
The presidential review period is underway regarding the U.S. International Trade Commission’s order concerning a technical intellectual property dispute involving the Apple Watch device containing blood oxygen. Although the review period does not end until December 25, if the ruling stands, Apple will take preemptive measures. This includes suspending sales of Apple Watch Series 9 and Apple Watch Ultra 2 on Apple.com starting on December 21, and in Apple retail stores after December 24. This decision will not currently affect sales of these devices in other countries.
Apple's teams work tirelessly to create products and services that provide users with industry-leading health, wellness and safety features. Apple firmly disagrees with the order and is pursuing a series of legal and technical solutions to ensure that Apple Watch can be provided to users.
If the order stands, Apple will continue to take all measures to re-deliver Apple Watch Series 9 and Apple Watch Ultra 2 to U.S. customers as soon as possible.