Apple's latest watches sales banned in the US: what happens next?

Apple can no longer import and sell its newest Apple Watch models in the US
Apple has said that they strongly disagree with the decision
Apple
Lola Christina Alao27 December 2023

Apple has been prevented from selling its two newest Apple Watch models in the US, after being accused of stealing pulse oximetry technology from a medical monitoring tech company, according to reports.

Apple has asked a court to allow it to sell two of its most popular watches - the Series 9 and Ultra 2 models - until the patent dispute against medical monitoring technology company, Masimo, is resolved.

The tech giant has said it would suffer "irreparable harm" after the White House allowed a ban on imports on some of its watches after a dispute over the devices' blood oxygen technology.

Apple has been asked to pause the ban at least until US Customs decides whether the redesigned versions of its watches infringe Masimo's patents.

It is thought that Apple will lose $300-400m in holiday sales

Why have sales of the Apple Watches been stopped?

Sales for the Apple Watch Series 9 and Apple Watch Ultra 2, have been stopped due to a forthcoming import ban imposed by the US International Trade Commission (ITC). Apple has also pulled refurbished versions of two prior watches with SpO2 sensors, the Series 7 and Series 8, from its online store. Two special editions of the Series 9, the Apple Watch Nike and Apple Watch Hermès, have also been removed.

The ban will take full effect from December 26th. 

The ban is taking place due to a patent dispute with medical device maker Masimo. The ITC ruled that the SpO2 sensor in Apple’s smartwatches infringes upon Masimo’s patents.

Apple had requested a stay on the ban until Customs and Border Protection (CBP) could consider whether the redesigned versions of its watches, which do not include the disputed technology, violated Masimo's patents. However, this request was declined. 

In the meantime, Apple can continue to sell its more affordable Apple Watch SE, which does not have the sensor. 

What has Apple said?

Apple says it has filed an emergency request to the US Court of Appeals to lift the ban.

"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 US as soon as possible," the multi trillion tech company said in a statement.

What could happen next?

Apple is currently waiting for CBP to make its decision on 12 January.

The tech giant is now unable to sell the ‌Apple Watch Series 9‌ or the ‌Apple Watch Ultra 2‌ unless the appeal is successful, it settles with Masimo, or it finds a way to change the blood oxygen sensor so it is not using technology that belongs to Masimo.

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