It all boils down to a patent dispute with medical equipment manufacturer Masimo on the SpO2 sensor.
You will not be able to purchase the Apple Watch Series 9 or Ultra 2 after 3 p.m. ET on December 21st. The last day for these models to be picked up or delivered from Apple’s retail locations is December 24th. What’s the reason? Following a patent battle with medical device producer Masimo over its SpO2 sensor, the business claims it would proactively comply with an ITC import restriction.
9to5Mac broke the story first, and Apple confirmed it to The Verge. The prohibition only applies to the flagship Series 9 and Ultra 2 versions. The Apple Watch SE is unaffected since it lacks the SpO2 sensor. Previous variants of the Apple Watch with the blood oxygen sensor will be unaffected as well.
Apple and Masimo’s patent issues have been contentious in recent years. Masimo’s most well-known product is the pulse oximeter. Masimo filed two distinct claims, one with the US District Court for the Central District of California and the other with the International Trade Commission, alleging that Apple infringed on its pulse oximetry technology. This import prohibition is the outcome of the latter.
Apple spokesperson Nikki Rothberg told 9to5Mac and The Verge that the company “strongly disagrees” with the judgment and is “pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.”
It’s uncertain if the ITC import prohibition will be lifted. It is presently being reviewed by the president, and President Joe Biden will have the option to reject the prohibition. Presidential vetoes, on the other hand, are unusual, though Apple has used them in the past. Former President Barack Obama blocked an ITC import restriction on the iPhone 4 and specific iPad models in 2013. Nonetheless, Biden elected to uphold another ITC verdict that would prohibit Apple Watch imports due to the EKG capability. The presidential review period concludes on December 25th, so we’ll have to wait and see what happens between now and then.
