Apple announced that it would temporarily halt sales of its Series 9 and Ultra 2 smartwatches in the US, beginning this week. This decision is in response to a patent dispute involving the technology used for the blood oxygen measuring feature in these devices.
The suspension follows an October ruling by the U.S. International Trade Commission (ITC), which found that the Apple Watches infringed on patents owned by the medical technology company Masimo.
This ITC decision is currently under review by President Joe Biden, with a final decision due by December 25. Apple is preparing for the possibility that the ruling may be upheld. The U.S. Trade Representative’s office, led by Ambassador Katherine Tai, is also evaluating the situation.
Should the ban not be overturned, it would take effect on December 26. Apple plans to stop online sales of the affected watch models from December 21 and from its retail stores after December 24.
Other models, such as the Apple Watch SE, which does not include the blood oxygen sensor, are not involved in this legal issue.
Ryan Reith, a vice president at research firm IDC, commented that the sales of Apple Watches during the U.S. holiday season would likely remain unaffected. The real impact, if the ruling is upheld, is expected in the slower sales months of January and February.
Reith noted that Apple has sufficient stock of the Watch 8 and SE models for this period. The significant concern is whether Apple will be able to use the disputed blood oxygen sensor technology in future devices, or if they will need to negotiate a settlement or find an alternative solution.
Masimo has previously accused Apple of poaching its staff and misappropriating its pulse oximetry technology for the Apple Watch. A California federal court jury trial on these allegations resulted in a mistrial in May.
Apple has also filed a separate patent infringement lawsuit against Masimo in Delaware and has criticized Masimo’s legal tactics as an attempt to promote its competing smartwatch. Earlier in the year, the U.S. Patent and Trademark Office declined Apple’s request to reevaluate the validity of the patents involved in the ITC’s decision.
