Why latest Apple Watches are being banned in US
On December 18, Apple said it would remove the latest Series 9 and Ultra 2 smartwatches from its site by December 21 and stores by December 24. This decision was a response to an import ban issued by the US International Trade Commission (ITC). ITC had ruled in October that Apple infringed on some patents owned by Masimo, a medical device company. For now, Apple can't import and sell these watches in the US.
What patent did Apple break?
The US ITC found Apple guilty of using Masimo's patented light-based pulse oximetry in its products. The SpO2 sensor in Apple's newer smartwatches infringes upon Masimo's patents. So, the commission slapped an import and sales ban on Apple products using this tech. This also means that Apple will no longer be able to repair out-of-warranty models from the Apple Watch Series 6 onwards, including the Apple Watch Series 7, 8, Ultra and Ultra 2 (except Apple Watch SE).
Does Apple still have a chance?
The ban on Apple Watches will remain in place until Apple either reaches an agreement with Masimo or obtains relief from the federal government. The Biden Administration has a December 25 deadline to determine whether to veto against US ITC's ban order or not. The ban is only in effect in the US, and third-party retailers such as Best Buy will still be able to sell the Apple smartwatches until their supplies run out.
Apple's attempt to resolve the ban
Apple engineers are now racing to tweak the algorithms used in the Apple Watch's blood oxygen sensor. However, Masimo CEO Joe Kiani does not believe that Apple will be able to solve its patent infringement issues with software tweaks, as the patents cover hardware, not software. Before the ban order, Apple had also sought a temporary pause on the ban from the US ITC, but its request was denied, leading to this urgent effort to modify the sensor technology.
Sales outside US are unaffected
The ban only affects the import and sale of the specific models in the US, not their usage by existing owners. The ban is not applicable outside of the US. The outcome of the appeal or possible negotiations with Masimo will determine the long-term availability of the affected Apple Watch models in the US.
