story by: fdaytalk.com
Apple is set to remove the Watch Series 9 and Watch Ultra 2 from its stores in the US this week, adhering to a ruling by the ITC in response to a patent dispute with medical device maker Masimo.
The International Trade Commission (ITC) ruling is related to a patent dispute over Apple use of Masimo technology in SpO2 (blood oxygen) sensor, a key feature in the Watch Series 9 and Ultra 2.
According to the ITC ruling, Apple is prohibited from selling the two watches on its website after December 21 and in physical stores from December 24.
Apple strongly disagrees with the ITC order and expressed concern that Masimo is using it to hinder a potentially lifesaving product for millions of US consumers.
Apple may appeal the ITC’s ruling via the US Court of Appeals for the Federal Circuit after the 60-day review period ends.
Masimo initiated legal action against Apple by filing two cases, one with the US District Court and another with the ITC, leading to the ban on the sale of specific Apple Watch models.
Masimo accuses Apple of having illegally poached Masimo employees and stole trade secrets when developing the Apple Watch.
The company is seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo says use its technology.
The US President Joe Biden has the authority to determine whether the ban will be enforced or overturned- veto the ban, adding a layer of complexity to the situation.
While President Barack Obama vetoed an ITC import ban on the iPhone 4 in 2013, President Biden has previously upheld an ITC ruling against the Apple Watch over the EKG feature.
If you already have the Watch Series 9 or Watch Ultra 2, the ban won't impact you. Devices purchased before the specified timeline will keep working normally and will receive full technical support.
The ban only applies to Apple own stores, and units currently in stock with Apple partners like BestBuy and Amazon are not affected. However, Apple won’t be able to supply new units after Dec 25.
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