According to Bloomberg, on December 27th local time, a court in Washington, USA suspended the decision of the International Trade Commission (ITC) to ban some sales of Apple's smartwatches. Therefore, Apple's latest smartwatches, the Apple Watch Series 9 and Apple Watch Ultra 2, have resumed sales.
Apple announced that the Apple Watch, which has been affected by the lockdown, will be relisted in approximately 270 US retail stores starting from December 27th local time, and plans to expand its sales range before December 30th. In addition, online sales will resume on December 28th.
On December 26th local time, Apple requested to postpone the implementation of the ban and extend the suspension period during the appeal period. The court requires ITC to respond before January 10th. Other relevant parties must submit a letter of support or opposition to the import ban before January 15th. Therefore, Apple can at least continue to sell the watch until the appellate court makes a final decision to suspend the ruling. The final ruling is expected to be made at some time after January 15th.
At that time, if the appellate court supports Apple's request, the Apple Watch Series 9 and Apple Watch Ultra 2 will continue to be sold in the US market during the appeal period. However, if Apple's request is rejected, the sales ban will come back into effect, and Apple will not be able to continue selling these two new Apple Watches in the US market.
According to ITC's determination, Apple has been found to have infringed on patents related to blood oxygen saturation measurement by medical device manufacturer Masimo, and has been ordered to stop selling the latest smartwatch in the United States. In response, Apple removed relevant products from its official website on December 21 and ceased store sales from December 24.
Subsequently, Apple developed an updated software version for the Apple Watch and hoped to alleviate patent issues through this move. It is reported that the company has submitted an updated version of the design proposal to the US Customs and stated that the US government will decide whether to approve these changes on January 12, 2024.
Previously, the US government had the opportunity to veto the ban, but ultimately chose not to do so. In October, the International Trade Commission (ITC) announced sales and import bans, but the White House had 60 days to review the decision and exercise veto power. However, on December 26th, US Trade Representative Daisy stated that she would not interfere with ITC's decisions, and the White House also refused to exercise veto power.
In order to resolve the legal issue with Apple Watch, Apple needs to win an appeal against Masimo, reach a settlement with Masimo, or remove the infringing blood oxygen sensing technology from the Apple Watch product line.
The International Trade Commission (ITC) of the United States has previously expressed opposition to the court's issuance of a stay of execution order. The agency stated in a document submitted to the court on December 26th that Apple did not suffer "irreparable damage" during the appeal period, as other models of Apple Watch continued to be sold.
Masimo is also seeking to intervene in the appeal case. In another document submitted on December 26th, the company stated that the court should reject Apple's urgent request and temporarily suspend the enforcement of the injunction, as Apple has not encountered any emergency situation at present. The company pointed out, "Apple misled the court."
Apple has stated that the decision of the International Trade Commission (ITC) in the United States is wrong and is taking all measures to bring the watch back to the US market.
The sales of Apple watches mainly come from the Series 9 and Ultra2 products. The low-end version of the Apple Watch SE without blood oxygen function is still being sold. Previously, Apple informed its employees that due to the lawsuit, they had to inform consumers that these two watches can still be purchased through unofficial retail channels.
The sales ban only affects Apple Watch Series 9 and Apple Watch Ultra 2 models sold in Apple retail and online stores in the United States, and sales in other countries have not been affected. Different models of Apple Watch are still sold in Target, Wal Mart, Best Buy and other stores in the United States. It is worth noting that models such as Apple Watch Series 6, 7, and 8 all have blood oxygen sensing function. Before the ban is lifted, watches that have exceeded the warranty period will not meet the hardware repair conditions.
The patent dispute between Apple and Masimo has a long history.
In 2020, Masimo filed its first lawsuit against Apple, alleging that its Apple Watch had infringed 10 patents and was suspected of hiring key personnel to steal trade secrets.
In response, Apple also filed a counterclaim against Masimo. In October 2022, Apple accused Masimo of infringing on multiple patents of Apple. In addition, Apple also stated that Masimo's lawsuit is aimed at eliminating obstacles to the development of its own consumer grade wearable devices. The company has launched a square smartwatch called W1, equipped with a series of health sensors. In addition, they also plan to release a watch called Freedom soon.