Apple’s recent release of the Apple Watch Series 9 and Ultra 2 has hit a roadblock due to a patent infringement case. The International Trade Commission (ITC) found that Apple had infringed on some patents, leading to a ban on the import of the new smartwatches. Apple has filed an emergency request for the courts to lift the ban and will be appealing the ITC ruling.
The US Court of Appeals for the Federal Circuit has granted Apple’s request, pausing the ban while it considers the tech company’s argument. This comes after a court found that the light-based pulse oximetry sensor, found on the back of the watches, infringed patents held by Masimo, a medical device manufacturer also based in California. The ITC upheld the ruling of infringement and started the process to ban imports of the watches.
The Biden administration has chosen not to interfere with the ITC’s import ban on the Apple Watch Series 9 and Ultra 2 models, giving US President Joe Biden’s administration 60 days to review the case and possibly veto the ruling. Despite the ban supposed to go into effect on December 26, Apple pulled the watches from sale a few days early. The older Apple Watch SE, which doesn’t use the infringing blood oxygen sensor, remains on sale.
Apple has expressed their strong disagreement with the USITC decision and resulting exclusion order and stated that they are taking all measures to return the Apple Watch Series 9 and Ultra 2 to customers in the US as soon as possible. They have also requested the CAFC to pause the ban until US Customs and Border Protection decides whether redesigned Apple Watches no longer infringe on Masimo’s patents, a decision that should be reached by January 12. The ITC has been given a deadline of January 10 to respond to Apple.
The future of the Apple Watch Series 9 and Ultra 2 remains uncertain as the legal battle continues to unfold. Apple users in the US will have to wait for further developments regarding the availability of the new smartwatches.