Apple fails to get Biden’s veto on ban of its Apple Watch 9 and Ultra 2

Apple is fighting back against a ban on its smartwatches that use blood-oxygen monitoring technology, by a US trade panel following a patent complaint from Masimo, a medical device maker. Ban on Apple Watch Series 9 and Apple Watch Ultra 2 The ban, which took effect on Tuesday, prevents Apple from importing and selling its Apple Watch Series 9 and Apple Watch Ultra 2 models in the US market. These models feature a pulse oximeter, which measures the blood’s oxygen level, a function Masimo claims Apple copied from its products.

According to Mark Gurman from , the ban on Apple Watches with blood-oxygen sensors not only affects the sale of these watches but also the repair of any Apple Watch with the same feature. As per Gurman, Apple has informed its employees that it will not be able to replace out-of-warranty Series 6 and later watch models for any reason. Apple has appealed the ban to a federal appeals court and asked for an emergency stay until the U.

S. customs agency determines whether Apple’s redesigned watches still infringe Masimo’s patents. According to Apple, the agency is expected to decide by January 12.

Apple also sought a presidential veto of the ban, but U. S. Trade Representative Katherine Tai declined to intervene, saying she respected the trade panel’s decision.

The panel, known as the U. S. International Trade Commission (ITC), ruled in favor of Masimo in October, finding that Apple violated Masimo’s patents and caused it significant harm.

Biden administration’s second no to veto Apple Watches This is the second time this year that the Biden administration has chosen not to veto an import ban on Apple Watches based on a patent-infringement complaint. In February, the ITC banned Apple Watches that use electrocardiogram (ECG) technology, which AliveCor, another medical technology company, challenged. However, the ITC has placed that ban on hold for other reasons, pending further review.

Apple told that it strongly disagreed with the ITC’s decisions and was working hard to return its watches to U. S. customers as soon as possible.

Before the ban, the company said it had stopped selling the affected models in its online and physical stores last week. Apple is working on developing software solutions that it believes will bypass the patents in question and enable the watch to be sold again. However, it may take a while for Apple to prepare the software update and obtain the necessary legal approvals to reintroduce the watch to the market.

Apple claims it will ‘suffer irreparable harm’ However, other retailers, such as Amazon, Best Buy, and Walmart, still had the watches in stock as of Tuesday. The ban does not apply to the Apple Watch SE, a cheaper version with no blood-oxygen or ECG features. Nor does it affect the watches that were already sold before the ban.

Masimo welcomed the ban, calling it a victory for the US patent system and American consumers. The company accused Apple of poaching its employees, stealing its technology, and using it in its popular Apple Watch, which competes with Masimo’s wearable devices. The patent dispute between the two companies is not over yet.

A jury trial on Masimo’s claims in California ended in a mistrial in May. Apple has filed a countersuit against Masimo in Delaware, accusing it of infringing Apple’s patents and trying to block its innovation. Apple’s appeal of the ban could also take a long time.

Stifel analysts said their litigation expert estimated that the appeal process could last another year. They said the ban was not legally extraordinary but rather unusual because of the high-profile nature of the product and Apple’s decision to challenge it instead of settling. The ban could also hurt revenue from its wearables, home, and accessory business, which includes the Apple Watch, AirPods earbuds, and other products.

According to a company report, this segment brought in $8. 28 billion in revenue during the third quarter of 2023, accounting for about 10% of Apple’s total revenue. The Apple Watch is one of the best-selling products in this category, with an estimated market share of over 30% in the global smartwatch market.

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