Apple Appeals Biden Administration’s Ban on Watch Series 9 and Watch Ultra 2 Sales in the US
Apple Ceases Online Sales of Apple Watch Series 9 and Ultra 2 Effective December 21
Following the US administration’s refusal to veto a regulatory ruling, Apple faced an official ban on importing and selling the Apple Watch Series 9 and Watch Ultra 2 models. This decision stems from a recent International Trade Commission (ITC) ruling, prompted by a dispute with medical tech firm Masimo over patented blood oxygen saturation technology. The affected Apple watches incorporate a blood oxygen (SpO2) monitoring feature, which led to the ban. Expressing strong disagreement with the ITC’s order, an Apple spokesperson confirmed the company’s appeal against the federal government’s ban.
On December 26, Apple lodged an appeal against the ban on sales and imports of its latest wearables in response to a complaint filed by Masimo. This appeal was made after President Joe Biden’s administration declined to intervene in the US International Trade Commission’s decision. The statement from Apple conveyed a firm disagreement with the USITC’s ruling and resulting exclusion order, emphasizing their commitment to swiftly return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US. Masimo, headquartered in California, previously accused Apple of infringing on its pulse-oximeter technology through the pulse reader feature.
In an urgent move, Apple submitted an emergency request to the US Court of Appeals for the Federal Circuit to pause the ban. The company seeks a temporary stay on the ban until at least January 12, allowing US Customs and Border Protection to evaluate redesigned versions of its watches for potential patent infringement related to Masimo’s technology.
A statement from the Office of US Trade Representative Katherine Tai said the agency “decided not to reverse the ITC’s determination” after “careful consideration.” The government tribunal’s order will go into effect on December 26, barring imports and sales of Apple Watches that use patent-infringing technology for monitoring blood-oxygen levels. Apple had already paused the sale of Watch Series 9 and Watch Ultra 2 in the US on its website on December 21 and from its store shelves after December 24.
The ITC issued the ban in October this year after finding that Apple infringed on blood oxygen saturation technology patented by Masimo. The tribunal ordered Apple to pause selling any previously imported devices with the blood oxygen pulse oximeter sensor. The order was followed by the 60-day Presidential Review Period that expired on December 25.
The Apple Watch Series 9 and Watch Ultra 2 are still available for purchase outside the US. Also, the latest move does not affect the Apple Watch SE as the budget-friendly wearable does not feature a SpO2 sensor. Apple has included a SpO2 tracker in every wearable since its Series 6 model in 2020.
