Apple is blocking the sale of its watches because of a dispute with the company Masimo over a patent. The latter concerns the sPO2 sensor present on the Apple Watch since 2020.
Apple announces that its Apple Watch Series 9 and Apple Watch Ultra 2 will no longer be sold in the United States until further notice starting December 21 online and December 24 in stores. Yes, you read correctly, the Cupertino company indicated this itself in a press release sent to 9to5Macthe information is therefore serious and verified a priori.
We learn in the article published on the specialized site that this announcement is linked to a decision by the ITC (United States International Trade Commission) rendered in October. It concerns a disagreement over a patent held by the company Masimo, specializing in medical technology, regarding the blood oxygen sensor of the Apple Watch.
Biden administration veto still possible
Since October, the decision has been transmitted to the Biden administration which has the possibility of vetoing it for a period of 60 days. This period must end on December 25, 2023. Apple has therefore announced that it will withdraw Apple Watches from sale as a preventive measure allowing it to comply with the ITC's decision.
According to Apple, the decision only applies to the very latest models, the Apple Watch Series 9 and Apple Watch Ultra 2, which include a sensor for measuring sPO2. The Apple Watch SE does not have said sensor. In addition, Apple has integrated this sensor on its watches since the Apple Watch Series 6 released in 2020, but watches already sold would not be affected by the decision and should continue to be able to benefit from the functionality.
Resellers would not be subject to the sales restriction, only Apple would for the moment be prohibited from selling its own watches from the Apple brand. But this exception should end from December 25, if there is no veto. From this date, Apple would no longer be able to sell its watches to resellers. This could therefore ultimately have an impact on the European market.
Apple wants to appeal
Of course, Apple questions the ITC's decision: “Apple teams work tirelessly to create products and services that enable users to benefit from industry-leading health, wellness and safety features. Apple strongly disagrees with the order and is pursuing a series of legal and technical options to ensure the Apple Watch is available to customers. »
The brand adds: “If the order is upheld, Apple will continue to take all necessary steps to return Apple Watch Series 9 and Apple Watch Ultra 2 to U.S. customers as soon as possible. »
The plaintiff company, Masimo, filed its case in June 2021 after having filed a first file with the Central District of California at the beginning of 2020. Its objective was then to go through a faster procedure and to stop sales of Apple as quickly as possible. Watch.
If the decision is upheld, and therefore in the absence of a veto, the company has already communicated its intention to appeal on December 26, 2023. We will closely monitor this matter on 01net.com to keep you informed.
Source :
9to5Mac