Apple is grappling with a significant setback as its Watch Series 9 and Ultra 2 face an import ban in the U.S. This ban stems from a legal ruling that found both smartwatches to be using a blood pressure sensor infringing on a patent owned by Masimo. The International Trade Commission (ITC) imposed the ban, effectively preventing Apple from bringing these watches into the country.
Initial optimism surrounded the possibility of President Biden overturning the ban, but that hope was dashed as the Biden administration chose to uphold the ITC’s decision.
The core issue lies in a court ruling that determined both Apple smartwatches encroach on Masimo’s patent with their blood pressure sensor technology. Consequently, the ITC stepped in, prohibiting the sale and import of these Apple watches.
Apple, expressing strong disagreement with the ban and exclusion order, is committed to swiftly returning the Watch Series 9 and Ultra 2 to U.S. customers. Despite the ban, third-party retailers like Best Buy and Amazon can still sell their existing inventory, but once depleted, there won’t be any restocking.
Apple is not backing down; they are taking the fight to the next level by appealing the ban. The tech giant aims to overturn the decision and avoid paying royalties to Masimo, who has shown a willingness to negotiate. The next move for Apple involves filing an appeal with the U.S. Court of Appeals for the Federal Circuit.
Tech expert with NWT Media (www.nwtmediagroup.com), Andrew Tropeano, cautions, “While Apple is pushing back against the ban, they must also prepare for the possibility that the Watch Series 9 and the Ultra 2, in their current form, might be a thing of the past.” Tropeano suggests that Apple might need to explore design modifications, either at the software or hardware level, if the appeal falls short.
