Apple will discontinue the sales of Watch Series 9 and Ultra 2 models after PM ET on December 21st. The move comes in response to an import ban imposed by the International Trade Commission (ITC) following a patent dispute with medical device manufacturer Masimo, specifically related to the SpO2 sensor.
In a statement given to TheVerge, Apple clarified that it has taken a proactive measure to comply with the ITC ban. The ITC ruling impacts devices equipped with the blood oxygen sensor. So, the Apple Watch SE remains unaffected and available for purchase. Earlier models of the Apple Watch equipped with a blood oxygen sensor are also exempt from the import ban. Devices that have already been sold are also exempt from the ruling. So, the functionality will remain unchanged on their devices.
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The ongoing patent disputes between Apple and Masimo have been a source of contention for several years. Masimo claims that pulse oximetry technology in Apple Watch infringes on several Masimo patents. Two separate cases were filed by Masimo, one with the US District Court in the Central District of California and the other with the ITC. The current import ban stems from the latter case.
The ITC also order features a provision addressing service, repair, or warranty scenarios linked to units sold before December 25. So, customers who already have devices will continue to get support.
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Now the ITC import ban is going through a presidential review period. Now, President Joe Biden has the authority to veto the ban, although such actions are uncommon. Apple can also appeal the ITC’s final decision with the US Court of Appeals for the Federal Circuit once the Presidential Review Period has expired. The presidential review period concludes on December 25th.
Apple is actively exploring legal and technical avenues to address the situation. Apple is also working on software changes and submitting a workaround to the ITC. Apple remains committed to taking measures to reintroduce the Series 9 and Ultra 2 models to US customers should the import ban be upheld.
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