Apple announced on Monday that it will discontinue sales of some of its smartwatch models in the United States while it fights a patent battle over technology for detecting blood oxygen levels. The move comes more than a month after the US International Trade Commission (USITC) recommended prohibiting imports of Apple Watch models that appear to infringe on Masimo Corp. patents.
The USITC issued a “limited exclusion order” that will go into effect after Christmas if President Joe Biden does not veto it.
The USITC order regarding imports of Apple Watch models with the blood oxygen sensing feature at issue in the patent dispute is being reviewed by the White House.
Apple released the Apple Watch Series 9 in September, touting improved performance
“While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand,” an Apple spokesperson said.
These steps, according to the spokesperson, include suspending US sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from the Cupertino-based tech titan’s website on December 21 and from US retail store locations on December 24.
“The ITC’s expert judgment in this matter should be respected,” a Masimo spokesperson said.
“The decision to exclude certain foreign-made models of the Apple Watch demonstrates that even the world’s most powerful company must abide by the law protecting intellectual property rights.”
Apple claims that the ITC decision was erroneous and should be reversed, which it will seek from a federal court if necessary.
The order was issued in response to a complaint filed with the commission in mid-2021, accusing Apple Watch of infringing on Masimo’s patented technology for “light-based oximetry functionality.”
Apple released the Apple Watch Series 9 in September, touting improved performance as well as features such as the ability to access and log health data.
With each generation of the Apple Watch, which dominates the smartwatch category, Apple has steadily increased fitness and health features.
“Our teams work tirelessly to create products and services that empower users with industry-leading health, wellness and safety features,” Apple said when the order was issued.
“Masimo has wrongly attempted to use the ITC to keep a potentially lifesaving product from millions of US consumers while making way for their watch that copies Apple.”
Apple accused Masimo of stealing Apple Watch technology in two patent infringement lawsuits filed late last year.
