Apple today said it will be pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. later this week due to an ongoing patent dispute with medical tech company Masimo related to blood oxygen sensing.
In a statement
shared with 9to5Mac, Apple said the Series 9 and Ultra 2 will no longer be available to purchase on Apple's online store in the U.S. starting December 21 (after 12 p.m. Pacific Time), or from Apple retail stores in the U.S. after December 24. The devices will remain available to purchase in other countries.
In October, the
ITC ordered a ban on some Apple Watch imports into the U.S. after finding that Apple violated Masimo's patents related to non-invasive blood oxygen sensing, also known as pulse oximetry. U.S. President Joe Biden has until December 25 to review the order, but presidential vetos of ITC import bans have historically been rare. In the meantime, Apple said it is preemptively taking steps to comply should the ruling stand.
Apple added that it "strongly disagrees" with the ITC's order and is "pursuing a range of legal and technical options" to ensure that availability of the Series 9 and Ultra 2 resumes in the U.S. as soon as possible. Apple told
9to5Mac that it plans to appeal the ITC's order with the U.S. Court of Appeals for the Federal Circuit on December 26 if necessary.
Apple's full statement:Since 2020, Masimo has accused Apple of
poaching its employees and stealing trade secrets in order to develop the blood oxygen sensing feature available on the Apple Watch Series 6 and newer. In January, an ITC judge
ruled that Apple had infringed on a Masimo patent relating to light-based technology for reading blood-oxygen levels.
In a previous statement, Masimo CEO Joe Kiani said the ITC's decision "sends a powerful message that even the world's largest company is not above the law."
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Apple Pausing Sales of Apple Watch Series 9 and Ultra 2 in U.S. Due to Patent Dispute