The Apple Watch Series 9 and Ultra 2 may soon disappear from US stores over a patent dispute. We explain why.
The unimaginable has happened: the Watch Series 9 and Ultra 2, two of Apple’s most recent smartwatches, may soon disappear from US store shelves. Beginning on December 25, sales of the device—both online and in retail stores—will be discontinued due to an import ban resulting from an extended patent dispute.
The medical device manufacturer Masimo Corp. filed a complaint against it, alleging that the latter was infringing on its patents related to blood oxygen measurement technology, which led to the ruling. In competition with the Apple Watch, Masimo sells its own line of wearables for health and wellness. The US International Trade Commission (ITC) sided with Masimo in October and took action to stop imports of the purportedly infringing product, despite Apple’s repeated denials of the allegations.
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How did Apple get here?
The Apple Watch ban is the culmination of a decade-long feud between Apple and Masimo, a medical device company that specialises in pulse oximetry technology. Pulse oximetry, or SpO2, is a way of measuring the oxygen levels in the blood, and it is a feature that Apple added to its Apple Watch Series 6 in 2020.
However, Masimo claims that Apple stole its patented SpO2 technology, as well as its trade secrets and employees, after approaching Masimo for a possible collaboration in 2011. Masimo sued it in 2020 in a federal court, alleging that it infringed on 10 of its patents. The company also filed a complaint with the ITC in 2021, alleging that Watches infringed on five of its patents. It countersued Masimo in 2022, accusing Masimo of copying the watch design with its Masimo W1 Medical Watch. The ITC sided with Masimo in January 2023, finding that Watches violated Masimo’s patents, and issued an import ban and a cease-and-desist order against it in October, which will take effect after a 60-day presidential review period. Unless President Biden or the Office of the United States Trade Representative (USTR) intervenes and vetoes the ban, it will have to stop selling its watches in the US by the end of the year.
What can Apple do against the ban?
One option is to appeal the decision and ask for a stay on the ban until the appeal is resolved. However, this could take up to 18 months and experts say the chances of getting a stay are slim. According to experts, it would have to show that it would suffer irreparable harm if it could not sell its Watch in the US, which is a hard argument to make given that the product accounts for only a fraction of its revenue and that it can still sell it in other markets.
Another option is to redesign the watch to avoid infringing the patents. This is what Apple is reportedly working on, according to Bloomberg. The report says that engineers are trying to modify the blood oxygen algorithms on the watches and that the company plans to submit a workaround to the US customs agency to resume sales. However, this could also take time and there is no guarantee that the workaround will be accepted or that it will not infringe on other patents.
Frequently asked questions
Is the Apple Watch SE affected?
The Apple Watch SE is not affected at all by the Apple Watch ban, as it does not use the blood oxygen sensor that is at the centre of the patent dispute. In fact, it doesn’t offer SpO2 at all. The SpO2 sensor is found in most other Apple Watch models, starting with the Series 6.
Is India affected?
Nope. As already stated, the ban is a US-only affair since it was ordered by the US International Trade Commission. As such, it only affects the sales of Apple Watch Series 9 and Ultra 2 models in the US, but not in India—or any other country, for that matter.
The road ahead
All signs point toward the ban going through, but it’s not like you’ll never be able to buy another Apple Watch in the US when it’s enforced. The SE model won’t be affected at all. Meanwhile, the Apple Watch Series 9 and Ultra 2 models will continue to be sold via third-party retailers until stocks last. This may also trigger something of a gold rush as Apple fans in the US scramble to get their hands on any remaining units.
But Apple won’t simply accept an outright ban on such a significant product from its lineup. It will either make nice with Masimo or try to tweak things on the software or hardware side to work around the ban. We’ll have to wait and see which approach they take and how long it takes them to figure it out.
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images source: Google
Disclaimer: The opinions and suggestions expressed in this article are solely those of the individual analysts. These are not the opinions of HNN. For more, please consult with your doctor
