The ban on selling the Apple Watch Series 9 and Watch Ultra 2 has come into effect, while Apple has started an appeal.
Apple has launched an appeal with the U.S. Court of Appeals, to get its Watch Series 9 and Ultra 2 back on shelves after the much-discussed sales ban came into effect on December 26.
The company says it is “taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible,” according to a statement released to Reuters.
It had previously petitioned the ITC to allow the sale of the Apple wearables while an investigation concluded whether complaints levelled against the company were legitimate, but this request was denied.
Head to the Apple Store website and you’ll fid the Apple Watch Series 9 and Apple Watch Ultra 2 listed as “currently unavailable.” Apple made this move before it was mandated, clearing virtual shelves on December 22.
What is the issue?
Health tech company Masimo claims Apple violated patents it holds for blood oxygen reading tech. Such readings are available in models going back to the Apple Watch Series 6, released in 2020.
Masimo CEO Joe Kiani called Apple’s development of blood oxygenation reading “a deliberate taking of our intellectual property” in an interview with Bloomberg.
Masimo’s own flagship watch is the W1, a $499 watch made for use with the company’s health and fitness platform, which costs up to $18.99 a month.
Its watch received FDA 510(k) clearance “for over-the-counter (OTC) and prescription use (Rx)” according to a company statement released in November 2023. Apple’s has not sought this kind of FDA clearance, as the Apple Watch’s blood oxygen readings are not intended for medical use.
What’s next? Customs and Border Protection have until January 12 to decide whether Apple’s Watch Series 9 and Watch Ultra 2 do infringe on patents held by Masimo.
The Apple Watch SE remains on sale, as it does not offer blood oxygen readings.
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