Apple’s Attempt to Postpone ITC Ban on Apple Watch Series 9 and Ultra 2 Unsuccessful

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The US ITC has refused to postpone an import and sales ban, thus in an unexpected turn of events, Apple has decided to halt sales of its most recent smartwatches. 

The company’s attempts to postpone the ban on its flagship watches, the Watch Series 9 and Watch Ultra 2, proved unsuccessful after the ITC ruled that the products’ health sensors violated patents held by another company.

Despite Apple’s initial announcement on December 18 to cease sales temporarily and explore potential solutions, the ITC’s denial of Apple’s request to postpone the ban until an appeal has ensured that sales of the Apple Watch Series 9 and Ultra 2 will be halted after December 24. 

While Apple intends to pursue alternative technical and legal remedies, the watches will inevitably cease sales for the time being. It’s important to note that this ban will solely impact the US market, allowing third-party retailers like Target or Best Buy to continue selling their existing inventory.

Apple’s Patent Dispute with Masimo

apple's-attempt-to-postpone-itc-ban-on-apple-watch-series-9-and-ultra-2-unsuccessful
The US ITC has refused to postpone an import and sales ban, thus in an unexpected turn of events, Apple has decided to halt sales of its most recent smartwatches.

The irony of Apple, a company well-versed in patent law, finding itself on the receiving end of patent infringement accusations is not lost in this case. 

The ITC concluded that the health monitoring sensors in the Apple Watch Series 9 and Ultra 2 violated patents owned by Masimo, a manufacturer of medical technology. Specifically, the dispute revolves around the watches’ sensors that detect blood oxygen saturation or SPO2.

Reports from The Wall Street Journal unveiled that Apple engaged in discussions with Masimo’s founder, Joe Kiani, regarding incorporating his company’s technology into wearable devices like the Apple Watch. 

Instead of collaborating with Masimo, Apple allegedly recruited talent, including Masimo’s chief medical officer and top engineers. Subsequently, a patent filed by one of these engineers in 2019 bore a striking resemblance to Masimo’s patents for mobile SPO2 sensors.

Earlier in January 2023, the ITC ruled in favor of Masimo, asserting that the SPO2 sensors in Apple’s Watch Series 9 and Ultra 2 infringed on Masimo’s patents. 

Although Apple had sought to delay the ban while differentiating the infringing products, the recent denial of this motion means the watches will indeed pause sales for an unspecified duration.

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