Earlier today, the Biden administration announced its decision not to overturn the Apple Watch Ultra 2 and Apple Watch Series 9 sales ban in the U.S.
Now, in a statement to 9to5Mac, an Apple spokesperson said that it strongly disagrees with the ITC’s decision and will be “taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.” The company also formally appealed the ruling.
Here’s the full statement: “At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to dedicate years to developing scientifically validated health, fitness and wellness features for Apple Watch, and we are inspired that millions of people around the world have benefited greatly from this product. We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
In a filing on December 20, the US ITC denied Apple’s motion to stay the ban while awaiting an appeal. The tech faces an import ban based on an alleged violation on patents for the pulse oximeter feature in Apple Watch Series 9 and Ultra 2 models. The SE and Nike models don’t have the feature, so they can continue to be sold.
In January an ITC judge ruled that Apple infringed on medical technology company Masimo’s pulse oximeter patent when it launched Apple Watch models that use light sensors to measure the amount of oxygen in the blood.
This is part of an ongoing legal battle between the two companies. Apple sued medical technology company Masimo in Delaware federal court in October 2022 accusing its new W1 line of smartwatches of infringing several Apple Watch patents.
The two lawsuits said Masimo copied Apple’s technology while seeking bans on sales and imports of Apple Watches in earlier intellectual-property cases against the tech giant in California and at a U.S. trade tribunal. Apple said Masimo “carefully studied Apple’s IP” during those cases and claimed a Masimo spinoff received confidential information about the Apple Watch.
In June 2022 Masimo filed a patent infringement complaint agains the tech giant and is asking for a ban on impacts of the Apple Watch. The medical device company claims that the Apple Watch Series 6 infringes on five of its patents for devices that use light transmitted through the body to measure oxygen levels in the blood. The company says that the tech is vial to its business and that Apple is unfairly copying its features.
In September 2020 Masimo accused Apple of trying to delay a legal fight over allegedly stolen blood-oxygen monitoring technology in the Apple Watch Series 6 so it could gain a more dominant share of the smartwatch market. Blood-oxygen monitoring is a key feature of the latest Apple smartwatch.
Masimo and its spinoff Cercacor Laboratories first sued in January 2020. They accused Apple of promising a working relationship only to steal secret information. The tech giant also allegedly attempted to hire away key employees, including Cercacor’s former chief technology officer and Masimo’s chief medical officer.
Masimo is an American manufacturer of noninvasive patient monitoring technologies based in Irvine, California. The company sells more pulse oximetry to hospitals than any other company.
