Apple Watch is often regarded as the most popular smartwatch globally, partly due to Apple’s seamless integration and the array of capabilities it provides. Nevertheless, the company is facing trouble with the US International Trade Commission (ITC), which, in a recent decision, has compelled it to stop selling its smartwatches because of patent violations. Here is all the information you need to know about it.
The main point of the Apple Watch prohibition
The story centres on a legal dispute between Apple and medical device startup Masimo. Masimo claimed that Apple utilised its pulse oximetry technology, widely known as SpO2 or blood oxygen saturation, without permission in Apple Watch Series 6 and later models.
However, to fully comprehend the matter, we must go back ten years to when Apple contemplated constructing its initial smartwatch. During that period, Apple contacted Masimo to work together on blood oxygen functionalities. Regrettably, Masimo turned down Apple’s request, prompting the business to hire important engineers and the chief medical officer from Masimo.
Adding to the problem, Masimo filed many lawsuits when the firm introduced its initial watch containing a SpO2 sensor, namely the Apple Watch Series 6, claiming that the tech giant had stolen trade secrets and infringed on patents.
In 2023, the ITC, responsible for deciding the matter, ruled in favour of Masimo, stating that Apple had infringed on patents. In addition, the regulatory authority restricted the importation of the Apple Watch Series 9 and Ultra 2, which is set to take effect on December 26th.
Taking the Apple Watch off the market
After the ITC declined to delay the prohibition, Apple has taken down two prominent watches, the Apple Watch Series 9 and Apple Watch Ultra 2, from its online storefronts. In addition, the business intends to remove these watches from store shelves beginning on December 24th.
However, it is worth mentioning that the prohibition only affects Apple’s own sales channels, while third-party sellers can continue selling until they exhaust their current stock. In addition, the ban only applies in the US. Therefore, sales in other regions are not affected.
What is Apple now engaged in?
While the corporation has not officially announced its intentions to lift this prohibition, there are stories indicating possible software adjustments to avoid patent disputes. Nevertheless, Masimo’s assertion that the patent infringements on the hardware might render the software approach unnecessary. If any changes to the hardware are needed, it would take at least three months. This includes the time required for designing, producing, and distributing the hardware.
Alternatively, the corporation might settle with Masimo to lift the prohibition. However, in a recent interview, Apple representative Nikki Rothberg mentioned, “The company is considering different legal and technical options to make sure that customers can access the Apple Watch.” This suggests that a settlement is unlikely.
Can President Biden settle the lawsuit?
According to US statutes, after the ITC resolves a lawsuit, it is reviewed by the US President and the US Trade Representative (USTR), who can reject the decision. Nevertheless, based on legal professionals’ opinions, it is exceedingly unlikely to reverse such a ruling.
“The USTR and the president are unlikely to disapprove the import exclusion order,” stated Smith Brittingham, a partner at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
How about repairs for the Apple Watch?
Regrettably, due to the prohibition, Apple has temporarily halted hardware repairs and unit replacements for some generations of the Apple Watch, specifically the Series 6 and later models (except the SE).
However, it is worth mentioning that this repair suspension only applies to devices not covered by warranty or do not have AppleCare Plus. Therefore, if you unintentionally harm your Apple Watch, you must wait for the company to resolve this legal case.