What you should know
- An International Trade Commission (ITC) judge ruled that Apple infringed on patents owned by Masimo for the pulse oximeter used on some Apple Watch models, resulting in an import ban on the Apple Watch Series 9 and Apple Watch Ultra 2 models in the U.S.
- Apple has removed the affected devices from the U.S. online Apple Store and will pull the products from physical Apple Stores in the U.S. on December 24th. Third-party retailers can continue selling the affected models until their supplies run out.
- If the White House does not intervene, Apple plans to appeal the decision on December 26th. The company is exploring legal and technical options to get the banned models back on store shelves, including changes to the pulse oximeter’s algorithms and software.
- Apple may consider discussing a settlement and a licensing deal with Masimo, but Masimo’s CEO wants an apology from Apple first.
Full Story
So, here’s the scoop. An International Trade Commission (ITC) judge has decided that Apple stepped on Masimo’s toes. They infringed on patents for the pulse oximeter used in some Apple Watch models.
What’s the consequence? The ITC slapped an import ban on the Apple Watch Series 9 and Apple Watch Ultra 2 models in the U.S. This ban kicks in on December 26th, after a presidential review period wraps up.
Now, President Joe Biden could still play the hero and veto the import ban. But the White House is keeping mum, not giving away any hints about Biden’s next move.
The presidential review period isn’t over yet, but Apple jumped the gun. They started the ban early and, true to their word, yanked the offending devices from the U.S. online Apple Store on Thursday afternoon. The Apple Store app now shows Series 9 watches as “Delivery: Currently unavailable.”
Come this Sunday, December 24th, Apple will clear the products from physical Apple Stores in the U.S. New signs for Apple Store locations in the states won’t show a trace of the Series 9 Apple Watch and the Apple Watch Ultra 2.
What about other retailers? Third-party sellers in the U.S. like Best Buy, Target, and Walmart can keep selling the affected Apple Watch models until their stock dries up. But don’t get confused, the second-generation Apple Watch SE, launched this past September like the Apple Watch Series 9 and Ultra 2 models, isn’t affected by the import ban. Why? It doesn’t have the pulse oximeter feature.
Now, if the White House decides to stay out of this, they’ll probably stay quiet on December 25th. Apple would likely counter by appealing the decision the very next day, Monday, December 26th. They’re “pursuing a range of legal and technical options” to get the affected Apple Watch models back in stores.
Apple engineers are trying to tweak the pulse oximeter’s algorithms and software to dodge Masimo’s patent. Rumor has it, Apple’s been experimenting with the tech it uses to measure an Apple Watch user’s blood oxygen level and how that data gets to the user. But there’s a hitch. Even if they can show U.S. Customs officials a workaround (they’re the ones in charge of exclusion orders issued by the U.S. ITC), Apple isn’t sure a software fix will clear a patent infringement ruling that’s based on hardware.
Apple could choose to sit down and hash things out with Masimo. They could discuss a settlement and a licensing deal. But here’s the kicker, as we told you a couple of days ago, Masimo CEO Joe Kiani wants Apple to apologize first. He’s quoted as saying, “These guys have been caught with their hands in the cookie jar.”
