Highlights

• Apple files legal appeal against the ITC’s exclusion order banning Apple Watch Series 9 and Ultra 2.
• Biden administration’s non-intervention confirms the ban’s enforcement starting December 26, 2023.
• Apple explores redesigns and technical adjustments to comply with U.S. Customs.
• Ongoing dispute with Masimo intensifies over patent infringement allegations.

Apple has initiated a legal appeal against the U.S. International Trade Commission’s (ITC) exclusion order, which has led to the ban of its latest Apple Watch models in the United States.

The Cupertino giant was counting on the Biden administration’s decision to intervene in the matter but it seems Apple’s requests have fallen on deaf ears.

Apple Watch Ban: Background

So what exactly is happening?

The ITC had earlier ruled that Apple’s newest smartwatches, the Apple Watch Series 9 and Apple Watch Ultra 2, infringed upon patents held by Masimo, a medical device maker.

This ruling resulted in a ban on the sale and import of these models in the U.S.

Specifically, the patent related to how the new Apple Watches monitored your blood oxygen levels, a feature that Apple deemed necessary after the COVID-19 pandemic.

Apple Watch Ban: Key Developments

• White House Decision: The Biden administration, through the office of U.S. Trade Representative Katherine Tai, opted not to overturn the ITC’s decision. This inaction confirmed the ban’s effectivity from December 26, 2023.
• Apple’s Response: Apple removed the affected models from its online store and retail locations.
  However, the Apple Watch SE, not included in the ruling, remains available.
• Legal Appeal: Apple has filed an appeal to the Federal Circuit court challenging the ITC ruling.
• Emergency Appeal Motion: In a separate motion, Apple sought a temporary stay on the ban, at least until U.S. Customs reviews its redesigned Series 9 and Ultra 2 watches.
  Apple cites potential “irreparable harm” during the appeal process.
• Technical Adjustments: Apple is exploring both legal and technical solutions, including redesigning the watches to comply with U.S. Customs regulations.

In a statement, Apple said to 9 to 5 mac , “At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to dedicate years to developing scientifically validated health, fitness and wellness features for Apple Watch.

We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”

Despite the ban imposed by the ITC, the market impact seems to be somewhat buffered.

Retail giants like Amazon and Best Buy continue to sell their existing stock of Apple Watches, indicating that the products are still in demand.

To no one’s surprise, the smartwatch’s health and wellness features, particularly its pulse oximeter, have been key to its widespread appeal.

This understandably does not make Masimo very happy.

The Ongoing Dispute with Masimo

The legal tussle between Apple and Masimo is not a new development.

Masimo’s CEO, Joe Kiani, has accused Apple of deliberately infringing on his company’s patents, suggesting a calculated move by the tech giant.

Moreover, the history of this conflict is marked by Apple’s patent infringement lawsuits against Masimo, filed in October 2022.

As the legal proceedings continue, the outcomes could have significant implications not only for Apple and Masimo but also for the broader tech industry, setting precedents in patent law and innovation.

“There’s nothing legally extraordinary about the ITC issuing an exclusion order,” Matich said. “What’s extraordinary here is that the product at issue is high profile and that Apple has chosen to live with the ITC order rather than settle.”

FAQs

What led to the ban of Apple Watch Series 9 and Ultra 2 in the U.S.?

The U.S. International Trade Commission (ITC) ruled that these models infringed upon patents owned by Masimo, particularly concerning blood oxygen level monitoring technology, leading to the ban.

How did the Biden administration respond to Apple’s situation?

The Biden administration, through U.S. Trade Representative Katherine Tai, chose not to intervene, thereby allowing the ITC’s ban to take effect from December 26, 2023.

What actions has Apple taken in response to the ban?

Apple has initiated a legal appeal against the ITC’s ruling and is making technical adjustments, including redesigning the affected watch models for U.S. Customs approval.

What are the implications of the ongoing legal battle between Apple and Masimo?

The dispute underscores the competitive and complex nature of patent law in the tech industry, with potential significant impacts on both companies and broader industry innovation.

Are Apple Watches still available for purchase despite the ban?

Yes, models not affected by the ruling, like the Apple Watch SE, are still available, and retailers like Amazon and Best Buy continue to sell their existing inventory of the banned models.

What are the next steps for Apple in addressing the ITC’s exclusion order on the Apple Watch Series 9 and Ultra 2?

Apple is actively exploring both legal and technical solutions to lift the ban on its Apple Watch Series 9 and Ultra 2 models.

A key milestone will be the decision by the U.S. Customs office, expected on January 12, which will determine if Apple’s proposed redesign infringes on Masimo’s patents.

Apple’s redesign, reportedly involving a software update to modify the blood oxygen monitoring feature, is yet to be detailed publicly. The outcome of this decision will be pivotal in determining the future availability of these Apple Watch models in the U.S. market.

What are some alternative smartwatches if I can’t purchase an Apple Watch Series 9 or Ultra 2?

For iPhone users, the Apple Watch SE, priced at Rs 29,990, is a viable alternative, especially for those seeking basic smartwatch features like activity, workout, and sleep tracking.

Although it lacks ECG and blood oxygen monitoring, it offers heart rate notifications and irregular rhythm alerts.

For those looking beyond Apple’s ecosystem, the Samsung Galaxy Watch 5 Pro emerges as a strong contender, offering a robust set of features and seamless integration with Android devices especially Samsung ones, making it a worthy option for users seeking versatility and advanced functionality.

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