In October 2023, Apple lost a court case regarding a patent held by medical device company Masimo. Masimo alleged, and proved in court, that Apple’s blood oxygen sensor technology used its technology without permission. As a result, Apple says it will stop selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States.
If you already have one of those Apple Watch models, you’re OK. No one will be banging on your door demanding its return. Nor will it be remotely bricked or rendered less functional.
The U.S. International Trade Commission advises the White House and Congress on intellectual property disputes. It ruled in October that some Apple Watches violated Masimo’s patents for the blood oxygen feature. It’s been part of some Apple Watch models since 2020.
As this has reached the White House, Apple is asking the US Government to reverse the decision — a decision that must be reached before Christmas Day.
According to reports, Apple and Masimo started negotiating in 2013. When those talks fell over, Apple hired some key people away from the publicly listed Masimo and created its own version of the feature.
It’s important to note a few things.
The ban is an import ban. Apple makes the Apple Watch in Vietnam. So Apple can continue to make the Apple Watch but can’t import it into the United States.
Online sales of the Apple Watch will be halted in the United States on 21 December 2023 with items withdrawn from physical stores on 24 December 2024.
The ban, at this stage, only impacts the United States. So Apple Watch sales in other countries are unaffected at this stage.
This is not a ‘patent troll’ case. There are many cases of companies that buy up swathes of patents, that have never been made into products, and then try to extract royalties from other companies. While this not illegal, they can feel like a way of blatantly proffering from someone else’s ingenuity.
In this case, Masimo has a product it developed and that has been on the market for many years. There is clear evidence that Apple was aware of Masimo’s invention. So it’s possible Apple built its blood oxygen sensor using Masimo’s intellectual property. Certainly, hiring personnel from Masimo gives that some credence.
There are sure to be appeals and continuing legal negotiations. Perhaps Apple will enter into some sort of agreement with Masimo. Or maybe a different court will rule differently.
On Christmas Eve we will know a little more, depending on how the Biden administration rules. But if you’re not in the United States, then you can happily continue Christmas shopping for a new Apple Watch.
Apple’s full statement (as provided to 9to5Mac):
A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24.
Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.
Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.
Anthony is the founder of Australian Apple News. He is a long-time Apple user and former editor of Australian Macworld. He has contributed to many technology magazines and newspapers as well as appearing regularly on radio and occasionally on TV.
“a way of blatantly proffering from someone else’s ingenuity.”
Is this a result of unwanted spell correction? “profiting from”?
But it is a very good article, clearly written.