In a setback for tech giant Apple, the U.S. International Trade Commission (ITC) has rejected the company’s bid to delay the ban on the sale of the Apple Watch Series 9 and Apple Watch Ultra 2. The ban, effective from December 26, stems from a patent dispute with medical device maker Masimo, accusing Apple’s SpO2 sensors of patent infringement.
Apple, in response to the ITC’s October ruling, had initially announced plans to remove the affected smartwatches from store shelves. This move not only affects sales but also limits out-of-warranty repairs for several Apple Watch models in the U.S.
The ongoing legal battle has repercussions beyond sales restrictions. Bloomberg reports that Apple has informed its customer service staff that out-of-warranty repairs and full device replacements for Apple Watch Series 6 and later (excluding SE) will be unavailable during the ban. However, devices under warranty or AppleCare Plus are unaffected, with customers to be notified when non-warranty repairs resume.
The patent dispute revolves around the SpO2 sensor present in various Apple Watch models, including Series 6, 7, 8, 9, Ultra, and Ultra 2. Apple is scrambling to address the issue through a software update, but Masimo insists that hardware modifications are essential to avoid further patent infringement.
As of December 21, Apple ceased selling the contentious models on its website, with retail outlets following suit after December 24. Despite Apple’s strong disagreement with the ITC’s decision, the ban remains in effect. The company has filed an appeal with the U.S. Court of Appeals for the Federal Circuit in Washington, DC, hoping to overturn the ITC’s ruling.
With the Biden administration declining to intervene and U.S. Trade Representative Catherine Tye upholding the ban, experts predict a prolonged legal battle, estimating Apple’s appeal to extend the final verdict by about a year. The tech giant continues its efforts to resume sales and implement both software and hardware changes to address the patent dispute with Masimo.
Source: Reuters
