Apple faces import ban on Watch Series 9 and Ultra 2 in the USA
19/12/2023
Translation: machine translated
Because the blood oxygen measurement infringes a patent, the US trade authority ITC imposes an import ban on two models of the Apple Watch. The company wants to prevent the debacle at the last minute.
Update 21 December 2023: The ITC has rejected a request to delay the import ban on the two Apple Watches. The online sales ban in the USA therefore comes into force today, while customers can still buy the products in physical stores until 24 December. Third-party suppliers are still allowed to offer stock items after this date, but will not receive any replenishments.
Apple is planning to stop sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the USA from 21 December. This has been officially confirmed by the Californian tech company to "The Verge". The reason is a dispute over patent rights for the blood oxygen measurement system built into the watches. At the end of October, the International Trade Commission (ITC) ruled that Apple was infringing patents held by medical device manufacturer Masimo.
By stopping sales, Apple would be pre-empting an ITC import ban. This is expected to prevent the import of the two watches into the USA from 25 December. Europe and other regions are not affected. The Apple Watch SE and older models will continue to be available in the USA.
Apple searches for software solution
As "Bloomberg" reports, engineers at Apple are working flat out to prevent the sales ban after all: They want to change how the watches record blood oxygen via a software update. Apple hopes that this step will be enough to prevent Masimo's patents from being infringed. However, Masimo disagrees with this view. Like Apple, the company is based in California and sells its own watches for monitoring health data.
Masimo had filed two lawsuits for patent infringement. One at the US District Court in California and one at the ITC. The latter ruled in favour of the medical device manufacturer. Before the ruling comes into force on 25 December, US President Joe Biden could still veto it and prevent the import ban. Such a veto would be unusual, but not the first of its kind. In 2013, Barack Obama lifted a similar import ban on the iPhone 4.
Apple spokeswoman Nikki Rothberg told The Verge that the company does not agree with the judgement. Should it be enforced, Apple would exhaust all options to get the watches back on sale as quickly as possible. If a technical solution such as a software update is not enough, Apple will probably challenge the judgement through legal action.
Cover photo: Samuel Buchmann
Samuel Buchmann
Senior Editor
Samuel.Buchmann@digitecgalaxus.chMy fingerprint often changes so drastically that my MacBook doesn't recognise it anymore. The reason? If I'm not clinging to a monitor or camera, I'm probably clinging to a rockface by the tips of my fingers.
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