Apple Watch Import Ban Now Official, Apple Appeals Decision

[MacRumors]

Apple is now officially unable to sell the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States as the International Trade Commission's import ban has become final. This morning, the Biden administration announced that it would not veto the ban.

The Office of the United States Trade Representative said that after "careful consultations" it was opting not to reverse the ITC's decision.

"On October 26, 2023, the U.S. International Trade Commission found that Apple, Inc. infringed two patents owned by Masimo Corporation and Cercacor Laboratories, Inc, both based in the United States. Since 2005, the Office of the United States Trade Representative has been delegated the President's authority under Section 337 of the Trade Act of 1930 to review the ITC's decision for a 60-day period. After careful consultations, Ambassador Tai decided not to reverse the ITC's determination and the ITC's decision became final on December 26, 2023."

Apple in a statement to Reuters said that it is "taking all measures" to get the Apple Watch Ultra 2 and Apple Watch Series 9 back on store shelves as soon as possible.

Apple has filed an appeal with the U.S. Court of Appeals for the Federal Circuit in Washington, and it has been working on a software solution that it hopes will allow it to resume sales.

The Apple Watch Series 9 and the Apple Watch Ultra 2 are not able to be sold by Apple in the United States at this time because the ITC ruled that the devices violate blood oxygen monitoring technology owned by medical device company Masimo.

The ban is limited to Apple Watch models that have a blood oxygen sensor, so the Apple Watch SE is still on sale. It also only applies to Apple retail stores in the United States, so all Apple Watch models are still available in other countries. Stores like Target, Best Buy, and Walmart are able to continue Apple Watch sales as long as supplies hold out, but Apple is not able to bring more units into the United States from overseas.

Apple will not be able to sell the Apple Watch Series 9 or the Apple Watch Ultra 2 unless the appeal is successful, it settles with Masimo, or it finds a way to change the blood oxygen sensor so it is not using Masimo's patented technology.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: Apple Watch Import Ban Now Official, Apple Appeals Decision

 

[Think|Different]

Very sad when we continuously bail out airlines etc that do blatant bad business.

 

[Canezmd]

Here's an idea... Apple could negotiate with Massimo to license their tech... just like they do with Qualcom.

 

[vegetassj4]

Still for sale on Amazon and Best Buy.

Get yours, while supplies last.

 

[nt5672]

This is what happens when you have a leader that only understands money and not technology.

I mean, when is the board going to stand up and say, "You mean we can't sell a product that you spent $100 million developing because you forgot to check the patents?"

 

[JCCL]

Good. If Apple is infringing on someone’s else tech, they need to secure the proper license. Unfortunately, it may cost them a lot more now, Masimo has all the leverage. Will be interesting to see how this unfolds.

 

[satchmo]

Here's an idea... Apple could negotiate with Massimo to license their tech... just like they do with Qualcom.

Indeed.
But now they're negotiating in a position of weakness.

A rare instance where Tim's arrogance and greed has come back to bite him.

 

[sw1tcher]

Very sad when we continuously bail out airlines etc that do blatant bad business.

I'm going to bet your opinion would be different if this was about a Masimo watch import ban because they were found to have infringed on 2 patents owned by Apple.

Very sad when people blindly defend Apple no matter what.

 

[QCassidy352]

This is an insane response to a finding of infringement for some minimally important feature that most users probably don’t even know exists. Require a royalty, require Apple to disable the blood ox by software, but don’t ban sales of the entire device. IP law run complexly amok.

 

[cannono]

This is what happens when you have a leader that only understands money and not technology.

I mean, when is the board going to stand up and say, "You mean we can't sell a product that you spent $100 million developing because you forgot to check the patents?"

Indeed.
But now they're negotiating in a position of weakness.

A rare instance where Tim's arrogance and greed has come back to bite him.

Tim has nothing to do with this lol. Apple’s patent lawyer bench is huge and decides what flies on these moves. Tim does not get to disregard anything the lawyers wouldn’t have cleared.

 

[contacos]

Very sad when we continuously bail out airlines etc that do blatant bad business.

In this case it’s not just a patent troll though. That company is actually selling products helping a lot of people in need for these kind of devices.

Also, isn’t this case going back to like 2019 or something? Well before the current generation of Apple Watches was released. Kind of dumb for Apple to keep infringing the patent, well aware, that a case is pending about the very topic

 

[logandzwon]

I think I see where this going, and in a few years I think Masimo is going to regret the way they handled this.

 

[gpat]

This is beyond crazy from Apple's part.
Sounds a lot like when they tried to screw over Qualcomm for their modem tech when they clearly weren't in the position to do so.

 

[User 6502]

Apple’s arrogance came back to punish it. I am amused at all the messages of people that a few months ago said this would *never* happen. Well guess what, it *did* happen. Hopefully Apple will learn the lesson and improve its behaviour, but I doubt it. External regulatory bodies need to keep punishing so that it does what is right: paying for using IP of other companies, opening up their phones to alternative stores, adopting standard connectors etc. It is all happening and the world is a better place because of it.

 

[Zest28]

So what about Masino stealing the idea from Apple to use an oxygen monitor in a smart watch? Apple did it much earlier than Masino their smart watch.

 

[neilw]

This is what happens when you have a leader that only understands money and not technology.

I mean, when is the board going to stand up and say, "You mean we can't sell a product that you spent $100 million developing because you forgot to check the patents?"

That's silly on all fronts. No one "forgot to check the patents" or "didn't understand the technology". They made a calculated decision that what they were doing was either OK from a patent standpoint, or fixable by the legal team. In this instance they calculated wrong.

This whole thing is not that much different at its core from stuff these companies do *all the time*. What's different this time is that they (apparently) went a bit too far and couldn't muscle their way out of it.

Not good either way, of course.

 

[bumblebritches5]

Hopefully the board seriously considers holding Tim Cook responsible.

 

[GMShadow]

Apple’s arrogance came back to punish it. I am amused at all the messages of people that a few months ago said this would *never* happen. Well guess what, it *did* happen. Hopefully Apple will learn the lesson and improve its behaviour, but I doubt it. External regulatory bodies need to keep punishing so that it does what is right: paying for using IP of other companies, opening up their phones to alternative stores, adopting standard connectors etc. It is all happening and the world is a better place because of it.

I'm amused at all the people who don't know any of the facts of the case and simply decided Apple is guilty because BIG COMPANY BAD.

 

[MisterSavage]

I still somewhat can't believe it got to this point. I wonder how long before someone blinks and a check is written?

 

[zach-coleman]

Good thing I got one for Christmas.

 

[MacDevil7334]

Here's an idea... Apple could negotiate with Massimo to license their tech... just like they do with Qualcom.

I think if it has gotten to the point the Apple had to stop selling the product, Apple has probably already tried to license the tech and failed to reach an agreement.

 

[StudioMacs]

Apple will not be able to sell the Apple Watch Series 9 or the Apple Watch Ultra 2 unless the appeal is successful

What’s the difference between Apple appealing and peeling an apple?

 

[Kottu]

Was it so expensive that Apple couldn't make a deal with Masimo or Apple thought that a Billion Dollar company is no match to a 3 trillion $ giant so we just run over them? Now Masimo can ask for any amount and we customers will have to pay. Masimo and Samsung had a partnership during covid. So...

 

[The_Gream]

This is beyond crazy from Apple's part.
Sounds a lot like when they tried to screw over Qualcomm for their modem tech when they clearly weren't in the position to do so.

Pretty sure the Qualcomm issue was about Qualcomm double dipping- charge for the modem and/or then charge a royalty based the cost of the “phone” not the cost of the “modem”

 

[HiVolt]

So what about Masino stealing the idea from Apple to use an oxygen monitor in a smart watch? Apple did it much earlier than Masino their smart watch.

you mean Apple stole the technology to use it in a smartwatch? lol.