Apple pauses US sales of two watch models over patent dispute
Apple said on Monday it would pause sales of its Series 9 and Ultra 2 smartwatches in the United States from this week, as it deals with a patent dispute over the technology that enables the blood oxygen feature on the devices.
The move comes after an order in October from the US International Trade Commission (ITC) that could bar Apple from importing its Apple Watches after finding the devices violate the medical technology company Masimo’s patent rights.
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The decision is under review by Joe Biden until 25 December, but Apple said it was pre-emptively taking steps to comply should the ruling stand. The White House declined to comment.
The company said it would pause sales of the watches from its website starting 21 December, and from Apple retail locations after 24 December. Other models that do not contain the blood oxygen sensor are unaffected by the dispute.
Apple said it believed the ITC’s finding was erroneous, should be reversed and that it intended to appeal the decision to the federal circuit.
Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.
Ryan Reith, program vice-president for research firm IDC’s mobile device tracking efforts, said that US holiday sales of Apple Watches would not suffer and that the full impact of the ruling, if it stands, would come in January and February, typically some of Apple’s slowest sales months in the US.
“Apple has plenty of inventory of Watch 8 and SE so they will have products available during that time,” Reith said. “The bigger implication is around whether or not Apple can use the blood oxygen sensor technology that is in question on future devices, or if they’ll have to reach a settlement or come up with a new solution.”
Apple has about a quarter of the global smartwatch market, according to Counterpoint Research – a share that tends to rise to more than a third in the fourth quarter during the US and European holiday sales seasons. Both the Series 9 and the Ultra 2 would remain available for purchase outside of the United States, including during the lunar new year season in Asia.
A jury trial on Masimo’s allegations in California federal court ended with a mistrial in May. Apple has separately sued Masimo for patent infringement in a federal court in Delaware and has called Masimo’s legal actions a “maneuver to clear a path” for its own competing smartwatch.
A presidential administration has not vetoed an ITC ruling since 2013, when Barack Obama’s administration overturned an import ban on Apple’s iPhones and iPads from a patent dispute with Samsung.
The Biden administration in February chose not to veto a separate import ban on Apple Watches based on a patent-infringement complaint from medical technology company AliveCor. The ITC has placed the ban on hold for other reasons.
Apple’s wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in $8.28bn in revenue during the third quarter of 2023, according to a company report.