Written by Alexandra Rizo
The Christmas season for Apple was not so holy-jolly as they found themselves in a heated patent dispute in late December of 2023 that caused them to remove all their Apple Watch Series 9 and Ultra 2 off the shelves in the U.S. by no later than December 21, 2023.[1]
Apple’s latest Watch included a Blood Oxygen App that uses pulse oximetry technology to measure the percentage of oxygen your red blood cells carry from your lungs to the rest of the body.[2] Masimo, a medical device maker, filed a case with the United States District Court in the Central District of California and another with the International Trade Commission (ITC), claiming that Apple hired their employees and used them to steal the pulse oximetry technology that allowed the watch to moderate a user’s blood oxygen levels.[3]
The ITC found that the sensors used by the Apple Watch Series 9 and Ultra 2 infringed on the patents of Masimo.[4] Due to this finding, the ITC implemented an exclusion order and cease-and-desist order (“the Remedial Order”), banning the sale of the Series 9 and Ultra 2 Watches in the U.S.[5] In response, Apple filed an appeal, arguing that Masimo simply wanted to get rid of their competition within the Watch industry and banning the sale of these watches would harm the public.[6] A few days later, Apple was granted a temporary pause on the ban, allowing it to continue selling “fully equipped” watches until January 12th.[7]
With January 12th looming over Apple’s heads, Apple moved to extend the interim stay on the ban, pending appeal, in the U.S. Court of Appeals for the Federal Circuit. Concurrent with 6filing a motion for a stay, the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection (EOE) denied that Apple’s redesign products are not subject to the Remedial Orders proposed by the ITC.[8] The Court found that due to the EOE’s recent ruling, the duration of the appeal process, and the lack of merits on the appeal, they must deny Apple’s motion to extend the stay and lift the current interim stay.[9]
Fortunately for Apple, in light of the Court of Appeals holding, Apple was able to still sell the watches beginning on January 18, 2024, just without the disputed feature.[10] However, the ban does not apply to third-party sellers in the U.S., so a person who resides in the U.S. may have the fortunate opportunity to snatch up a fully equipped Series 9 or Ultra 2 version while existing supplies last.[11] The ban also does not apply to watches being sold outside of the U.S, meaning that Apple users who do not reside in the U.S. or those who are visiting territories outside of the U.S. can find themselves more advantageous than those trying to get fully equipped watches within the U.S.[12]
[1] Emma Roth, Apple Watch Ban: everything you need to know, THE VERGE (Feb. 2, 2024, 6:35 AM PST), https://www.theverge.com/24009254/apple-watch-itc-ban-patent-dispute.
[2] Courtney Lindwall, The Latest in Apple’s Patent Dispute Over the Ultra 2 and Series 9 Smartwatches The best-selling smartwatches are back on sale—for now—but the blood oxygen sensor has been disabled, CONSUMER REPORTS (Jan. 2, 2024), https://www.consumerreports.org/electronics-computers/smartwatch/apple-patent-dispute-ultra-2-series-9-smartwatches-a4679851226/.; ROTH, supra note 1.
[3] ROTH, supra note 1.
[4] Id.
[5] Apple Inc. v. International Trade Commission, No. 337-TA-1276 (U.S. Ct. App. Jan. 17, 2024), https://storage.courtlistener.com/recap/gov.uscourts.cafc.21094/gov.uscourts.cafc.21094.33.0_2.pdf.
[6] US court bars Apple Watch imports while patent dispute plays out. Apple unable to sell Series 9 and Ultra 2 models in US while it challenges decision that watches infringe on patents, THE GUARDIAN (Jan. 17, 2024), https://www.theguardian.com/technology/2024/jan/17/apple-watch-imports-ban.
[7] ROTH, supra note 1.
[8] APPLE INC., supra note 5.
[9] Id.
[10] ROTH, supra note 1.
[11] LINDWALL, supra note 2.
[12] Id.
