Decoding Apple Watch Ban in the US

The US International Trade Commission (ITC) has implemented a ban on certain Apple Watch models, pointing to patent infringement claims by Masimo, specifically related to blood-oxygen measuring features. The origins of this dispute trace back to Masimo accusing Apple of stealing trade secrets and infringing on its patents in 2020. Subsequent complaints were filed in 2021, culminating in allegations of patent infringement during the launch of the Watch Series 6.

What Actually Happened?

In the courtroom, the ITC ruling found Apple guilty of violating one patent related to light-based pulse oximetry, while absolving the company of infringing on the other nine patents. This led to the ITC imposing an import ban and a sales stop order in October 2023 on products that were deemed to infringe on Masimo’s patents, affecting specific Watch models.

Which Apple Watch Models Have Been Affected?

The sales impact on Apple has been notable, with the company halting sales of the Watch Series 9 and Watch Ultra 2. However, third-party retailers continue to sell these models until supplies last. Customers are now faced with the Apple Store discontinuing sales of the impacted models, and while out-of-warranty older watches won’t be replaced, those under warranty remain eligible for replacement and service. Interestingly, the Apple Watch SE 2, lacking pulse oximetry, remains unaffected.

In response, Apple has initiated an appeal against the ITC ban on Series 9 and Ultra 2, seeking an emergency stay. Simultaneously, the company is making software modifications for patent compliance, pending approval from the US Customs and Border Protection. Apple is also considering settlements as the dispute with Masimo unfolds, reflecting a strategic approach to navigate the legal complexities surrounding this case.