What you should know
- If the appeals court rules unfavorably for Apple, the company will disable the pulse oximeter on newly sold Apple Watch Series 9 and Apple Watch Ultra 2 units to comply with the International Trade Commission’s (ITC) Exclusion Order.
- The Exclusion Order was initially issued after an ITC judge ruled that Apple infringed on a Masimo patent when it included its pulse oximeter on certain Apple Watch models.
- Apple has been able to continue selling the watches due to a temporary hold on the Exclusion Order by the U.S. Court of Appeals for the Federal Circuit.
- If the appeals court rules that the Exclusion Order remains in place while Apple continues to appeal the original ruling, Apple will either have to sell new units without the pulse oximeter feature or license the patent from Masimo. This will not affect those who already own Apple Watch Series 9 and Apple Ultra Watch 2 units.
Full Story
Apple may have to disable the pulse oximeter on new Apple Watch Series 9 and Apple Watch Ultra 2 units. This is if it gets an unfavorable ruling in an appeals court decision, which could come as soon as today. This move is a way to circumvent the International Trade Commission’s (ITC) Exclusion Order.
The ITC’s order initially forced Apple to stop selling the affected watches in the U.S., both online and in physical stores. However, a ruling by the U.S. Court of Appeals for the Federal Circuit put a temporary hold on the Exclusion Order. This ruling has allowed Apple to continue selling these timepieces.
The ITC judge ruled last January that Apple had infringed on one of Masimo’s patents. Masimo claimed that Apple had infringed on five of its patents when it included the pulse oximeter in certain Apple Watch models. After the president declined to veto the ITC’s Exclusion Order last month, Apple had to take action.
Now, Apple is waiting for a decision from the appeals court. The court is expected to rule on whether Apple can continue selling the affected models until the appeals process is exhausted. This decision could be made today.
Interestingly, Apple’s redesign submitted to U.S. Customs merely involved disabling the pulse oximeter. This move prompted Masimo to issue a statement earlier today. The statement read, “On Friday, January 12, the Exclusion Order Enforcement Branch (EOE) of U.S. Customs and Border Protection decided that Apple’s redesign falls outside the scope of the remedial orders in the ITC Investigation underlying Apple’s appeal.”
Apple can continue to sell the Apple Watch Series 9 and the Apple Watch Ultra 2 until the appeals court makes its ruling. If the court rules that the Exclusion Order remains on hold until Apple has completed the appeals process, the affected watches will still be available in the U.S.
However, if the court rules that the Exclusion Order remains in place while Apple continues to appeal, Apple will have to sell new units without the pulse oximeter feature or license the patent from Masimo. It’s worth noting that this will only affect newly purchased units. Those who already own Apple Watch Series 9 and Apple Ultra Watch 2 units will still be able to use the pulse oximeter on their watches. If Apple does disable the feature, well, that’s another story.
