Apple Watch Series 9 and Apple Watch Ultra 2 with blood oxygen monitoring function will be banned from sale in the United States again starting from 5:00 pm Eastern Time on January 18, 2024.
The U.S. Court of Appeals for the Federal Circuit rejected Apple's request to suspend the sale while it appeals the U.S. International Trade Commission's (ITC) ruling that the devices infringed two patents owned by medical device company Masimo.
Today's ruling means that, starting at 5 p.m. tomorrow, Apple Watch Series 9 and Ultra 2 once again cannot be sold in the United States because they infringe Masimo's patents.
Apple had asked the Federal Circuit to suspend the Apple Watch ban while it appealed the ITC's preliminary ruling. The court rejected Apple's request today:
Our decision is subject to four factors: (1) whether the mover has convincingly demonstrated a likelihood of success; (2) whether the mover will be irreparably harmed if a stay is not granted; (3) whether issuing a stay will seriously harm other interested parties in the litigation; and (4) where the public interest lies.
After considering all four factors and EOE Branch's recent ruling, we lift the temporary stay and deny Apple's motion. We make no conclusion on the merits of the appeal.
Subsequently, the U.S. customs agency ruled earlier this week that Apple’s proposed Apple Watch Series 9 and Ultra software changes (removing the blood oxygen function) did not fall within the scope of the ITC ruling. This means that the US Customs believes that Apple Watch Series 9 and Ultra 2 do not infringe Masimo patents as long as they do not "include pulse oximetry function".
Apple may continue to sell Apple Watch Ultra 2 and Apple Watch Series 9, but disable the blood oxygen function through firmware updates. This change only applies to new Apple Watches sold in the United States. This will not affect existing Apple Watch users with pulse oximetry.