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Apple has announced a suspension of sales for its Apple Watch Series 9 and Apple Watch Ultra 2 models in the United States owing to an ongoing patent dispute with medical technology company Masimo. This decision follows a ruling by the US International Trade Commission (ITC) in October, favoring Masimo and citing infringements on two of its patents linked to the blood oxygen functionality in these specific devices.
The impending ban, slated to come into effect on December 26, unless challenged, stems from Masimo’s lawsuit filed against Apple in June 2021. The lawsuit, encompassing 103 instances of alleged patent infringement across five patents, led to an ITC investigation. The commission determined that Apple had breached two patents, covering five instances of infringements pertaining to the Apple Watch’s pulse oximeter feature.
Apple has expressed disagreement with the ruling and is pursuing various legal and technical avenues. The company is actively working on modifying its technology and is exploring options to sway regulators.
Additionally, Apple intends to submit a workaround to US authorities. Notably, the sales ban applies solely to Apple’s direct sales channels; however, third-party retailers like Walmart Inc., Best Buy Co., and Target might still vend the affected models.
Currently, the ban is under review by a presidential panel, with a review deadline set for December 25. The Biden administration is monitoring the situation, holding the authority to veto the ban through the US Trade Representative.
It’s essential to note that the ban’s impact will not affect previously sold watches. As of now, there’s no indication that other Apple Watch models, besides the Series 9 and Ultra 2, are entangled in the legal proceedings surrounding the ITC’s ruling.
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