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In a move that has caught both the tech industry and consumers by surprise, Apple Inc. has announced that starting this week, it will cease sales of certain models of its popular Apple Watch in the United States market. This decision is a direct response to a ruling by the International Trade Commission (ITC) that found the technology giant in breach of a patent held by medical company Masimo. The disputed patent revolves around Masimo’s pulse oximeter technology, which employs light to measure blood-oxygen levels—a feature that was integrated into the Apple Watch Series 6 in 2020.
Apple faces the real possibility of an import ban on the affected smartwatch models unless it can navigate either operational alterations to the Apple Watch's contentious features or an overturn of the ITC’s decision. President Joe Biden has until December 25 to review and potentially veto the ruling. Apple, however, is not waiting for the conclusion of this period, indicating that it is preemptively removing some models from sale to anticipate and comply with the potential final order.
The specific models being withdrawn include the Apple Watch Series 9 and the Apple Watch Ultra 2, which will no longer be available through Apple’s official website or retail stores after December 24. While other models remain on sale for now, their availability may also be threatened if an import ban is ultimately enforced. Notably, the Apple Watch SE is not affected by the controversy and will continue to be sold.
Amidst the alarming headlines, it’s key to identify the broader implications of this incident. The Apple Watch has consistently been marketed and celebrated as a life-saving device, with features rife with healthcare applications. Its lead in the wearable device market is considerable; in 2022, Apple sold 49 million smartwatches and approximately 26.7 million in the first nine months of 2023 alone. Should the ban go ahead, it stands to potentially disrupt a large segment of Apple's customer base, especially those who benefit from the critical health monitoring capabilities of the watch.
The ITC's ruling that certain Apple Watch models infringed on Masimo's patents was made nearly two months ago, starting the clock on the review period. Meanwhile, Masimo CEO Joe Kiani has expressed openness to a licensing agreement or a settlement, although Apple has not yet approached the company for such negotiations. Apple, on its part, contends that the ITC's conclusions are flawed and is seeking to overturn the finding in the Federal Circuit. It also emphasizes the adverse impact that a product ban could have on public health, medical research, and consumers reliant on the watch's health features.
Adding another layer of complexity is the backdrop of the legal tension between the two companies. Masimo has accused Apple of hiring a significant number of its employees to work on the W1 medical smartwatch, launched in May 2022. Apple has retaliated with patent infringement lawsuits against Masimo, claiming the latter’s W1 device copied features from the Apple Watch.
This is not the first time Apple has been caught in patent disputes, nor the first time a U.S. president’s intervention has been a potential outcome. A precedent was set back in 2013 when President Obama vetoed an ITC ban on older models of iPhones and iPads resulting from a patent dispute with Samsung.
Market analysts are observing the situation cautiously. Apple's decision to preemptively pull the models may help manage both its legal image and its finances, but the forthcoming holiday season is seen as a critical period. With a market share of about 24%, Apple is a predominant force in the wearable tech scene. Still, there may be strategic moves available to them, such as scaling up sales before the removal takes effect, which could minimize the financial repercussions.