Posted on 12/19/2023 11:36:05 AM PST by Red Badger
Apple is halting the sale of some of its leading Apple Watch models in the United States just a week before Christmas.
The Big Tech company announced that it will no longer sell the Apple Watch Series 9 and the Apple Watch Ultra 2 in the U.S. starting later this week. The decision was made in response to a patent dispute between Apple and the MedTech company Masimo over sensors on its device. The devices will still be usable, but finding one after Dec. 26 will become impossible in the U.S.
Here's everything you need to know about Apple suspending sales of its watches.
Why is the Apple Watch going to stop selling?
The U.S. International Trade Commission ruled in October that specific models of the Apple Watch breach patents held by Masimo. The company was given a 60-day "Presidential Review Period" to allow the White House to provide input on the matter. That period will end on Dec. 26.
Masimo alleged that Apple's reputation for innovation is unearned and that it has made a practice of "efficient infringement," according to the New York Times. This is when a company uses another company's technology and deals with the legal fallout afterward. Apple, as a trillion-dollar company, has the funding required to shoulder any possible legal fees or court cases.
Apple maintains that it respected Masimo's intellectual property, according to court documents. However, Masimo presented evidence that Apple had hired its former chief medical officer and 20 other employees from the company. This indirect process would have allowed Apple access to the intellectual power behind Masimo's products. For example, Apple could have used the chief medical officer's expertise to design its oxygen tracker.
What is Apple doing about it?
"Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features," the company told 9to5Mac. "Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers."
The company appears to be waiting for the White House to act. President Joe Biden could decide to veto the original order during the 60-day period and allow Apple Watches to be sold after the deadline. However, the White House has yet to comment on the situation.
The company can also appeal the ITC's decision in the U.S. Court of Appeals for the Federal Circuit once the review period has ended. However, that will not affect the ban, which means the devices will be unavailable for an extended period of time.
Which Apple Watches are affected?
The current patents only apply to blood oxygen trackers in the Series 6, 7, 8, and 9 of Apple Watches and the Ultra models. Users can still purchase the Apple Watch SE, which does not have the blood oxygen monitor installed.
It's unclear how long the ban will remain in place. The appeal process could take months or years.
scamdetector site rates them 53/100 in trustworthiness. the BBB rates them a C+. Several other complaints online. Seems like a “flip the coin” proposition.
It actually is in the guiding documents/rules/law. ALL such decisions are sent to the President for review. Most don’t even see his disk, but it is technically part of the process. We just don’t usually hear about it (and a “veto” is extremely rare).
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