Apple has declared that the top Apple Watch models will no longer be sold in the US in the near future.
Root Cause of the issue :
Medical technology company Masimo and Apple have been entangled in court battles over claims that Apple’s blood oxygen sensor technology violates a number of Masimo patents.
A complaint filed with the International Trade Commission in June 2021 and a lawsuit filed in the US District Court in California in 2020 are at issue in this disagreement. The company is under pressure to stop selling the Watch Series 9 and Ultra 2 in the US due to Masimo’s ITC complaint.
Ban on the sales of Apple watches :
The Series 9 and Ultra 2 will no longer be available for purchase from the business later this week. The action was taken in response to an ITC verdict in a long-running patent dispute involving the blood oxygen sensor technology used in the Watch between Apple and the medical technology firm Masimo.
After Thursday, December 21, order placement for the Apple Watches will be closed on Apple’s website in the United States. Starting on December 24, Apple retail outlets will no longer be offering in-store merchandise.
Apple’s intention to comply with ITC :
The January ruling of a court was upheld by the International Trade Commission, which made its decision public in October. As a result, the matter was forwarded to the Biden administration for a sixty-day Presidential Review Period.
President Biden has the option to veto the decision at any point during this procedure, but so far this has not happened. Apple is making this statement now in order to take proactive measures to comply with the ITC’s ruling before the Presidential Review Period ends on December 25.
ITC restriction on blood oxygen monitoring Apple Watch :
According to Apple, the ITC’s restriction solely affects sales of the Watches , as those models are capable of detecting blood oxygen levels. This has no effect on the cheaper Apple Watch SE, which will continue to be sold.
The primary outcome of the ITC’s decision is that Apple is not allowed to sell the affected Apple models. It seems that the devices will be available for purchase at other stores for the foreseeable future, such Amazon and Best Buy.
All imports of Series 9 and Ultra 2 into the US after December 25 are, however, prohibited under the injunction. For Apple to sell those devices to resellers would be against the law as well. Therefore, if the decision is maintained, it may also affect other merchants’ ability to carry the Apple Watch.
The announcement of today has no bearing on any Apple Watch that has already been marketed and features a blood oxygen sensor. In 2020, the Apple Watch Series 6 marked the introduction of the blood oxygen sensor.
The blood oxygen monitoring variants of the Apple Watch that are currently in production will not be modified. Only new sales of the impacted Apple Watch models are subject to the ITC restriction.
Additionally, the service, repair, or warranty term for items sold before December 25th is excluded from the ITC ruling.
What will be the next Take ?
The International Trade Commission’s (ITC) decision to prohibit sales and imports of the Apple Watch Ultra 2 and Series 9 is expected to be upheld by Apple. After the Presidential Review Period is over, it is anticipated that the judgment would be affirmed.
Although Apple intends to submit an appeal on December 26, the prohibition will still go into action. The two Masimo patents that Apple is accused of violating by the ITC are scheduled to expire in August 2028.
A possible settlement and licensing deal with Masimo or creating a firmware modification to get around the patents are other possibilities. Although Apple has not disclosed any future plans, it will keep taking action to get the gadgets back to American customers.
