Apple Suspends Series 9 and Ultra 2 Smartwatch Sales Amid Patent Dispute

In a surprising turn of events, Apple Inc. (AAPL.O) announced on Monday that it will temporarily halt sales of its latest Series 9 and Ultra 2 smartwatches in the United States. This decision is a direct response to an ongoing patent dispute concerning the blood oxygen measurement technology used in these devices.

The dispute stems from an October ruling by the U.S. International Trade Commission (ITC), which found that Apple’s smartwatches infringed upon patents held by medical technology firm Masimo (MASI.O). This ruling could potentially lead to a ban on the import of Apple Watches into the U.S. The decision is currently under review by President Joe Biden, with a final verdict expected by December 25. Apple, in anticipation of the ruling being upheld, is proactively pausing sales.

Starting December 21, sales of these smartwatches will cease on Apple’s website, and from December 24, they will also stop in Apple’s retail stores. Notably, this suspension does not affect other models like the Apple Watch SE, which does not include the disputed blood oxygen sensor technology.

Mohd Sufyan, a patent strategist from Maxinov, a patent strategy and research firm, anticipates that this pause in sales will not significantly impact Apple’s holiday sales in the U.S., as the company seem to have ample inventory of other models. However, the real challenge lies in the potential long-term implications, particularly regarding Apple’s ability to use or modify the contested blood oxygen sensor technology in future devices.

Masimo’s CEO Joe Kiani has expressed openness to negotiation with Apple, emphasizing the importance of upholding patent rights and maintaining public trust in the U.S. patent system. Meanwhile, Apple holds a substantial share of the global smartwatch market and plans to continue selling the Series 9 and Ultra 2 models outside of the U.S., including during the Lunar New Year season in Asia.

Apple remains confident that the ITC’s ruling is flawed and is preparing to appeal the decision. The company is also exploring technical and legal avenues to ensure the continued availability of its smartwatches to customers.

This situation is not Apple’s first encounter with patent disputes. Notably, the U.S. Patent and Trademark Office earlier rejected Apple’s requests to review the validity of the patents at the heart of the ITC decision. Additionally, Apple faces legal challenges with other companies like Masimo and AliveCor, underscoring the ongoing complexities in the tech industry’s intellectual property landscape.

As the situation develops, the tech community and consumers alike are keenly watching how Apple navigates this challenging scenario, balancing innovation with legal and ethical considerations in the highly competitive smartwatch market.

Apple has initiated a separate lawsuit against Masimo for alleged patent infringement, filed in a federal court in Delaware. This legal action by Apple has been described by them as an attempt by Masimo to pave the way for its own entry into the competitive smartwatch market.

If you are interested in exploring the active patent portfolio of Masimo granted by the USPTO in blood oxygen measurement technology, we have collected these for your reference below.

US9341565B2

Multiple-wavelength physiological monitor

US9339220B2

Multi-wavelength physiological monitor

US7343186B2

Multi-wavelength physiological monitor

US7499741B2

Signal processing apparatus and method

US6067462A

Signal processing apparatus and method

US10674948B2

Hypersaturation index

US7030749B2

Parallel measurement alarm processor

US6157850A

Signal processing apparatus

US6970792B1

Systems and methods for determining blood oxygen saturation values using complex number encoding

US10349898B2

Automated CCHD screening and detection

US6898452B2

Stereo pulse oximeter

US7190261B2

Arrhythmia alarm processor

US7454240B2

Signal processing apparatus

US5632272A

Signal processing apparatus

US6822564B2

Parallel measurement alarm processor

US11132117B2

Physiological monitor touchscreen interface

US7355512B1

Parallel alarm processor

US7376453B1

Signal processing apparatus

US7328053B1

Signal processing apparatus

US7215986B2

Signal processing apparatus

US7530949B2

Dual-mode pulse oximeter

USRE38476E

Signal processing apparatus

US6501975B2

Signal processing apparatus and method

US6081735A

Signal processing apparatus

US6745060B2

Signal processing apparatus

US11426105B2

Flowometry in optical coherence tomography for analyte level estimation

US10368787B2

Flowometry in optical coherence tomography for analyte level estimation

US9668680B2

Emitter driver for noninvasive patient monitor

US7215984B2

Signal processing apparatus

US6826419B2

Signal processing apparatus and method

US11158421B2

Physiological parameter alarm delay

US8532727B2

Dual-mode pulse oximeter

US8405608B2

System and method for altering a display mode

US6334065B1

Stereo pulse oximeter

US6263222B1

Signal processing apparatus

US6236872B1

Signal processing apparatus

US11071480B2

Hypersaturation index

US8353842B2

Portable patient monitor

US6151516A

Active pulse blood constituent monitoring

US9622693B2

Systems and methods for determining blood oxygen saturation values using complex number encoding

US7440787B2

Systems and methods for determining blood oxygen saturation values using complex number encoding

US9375185B2

Systems and methods for acquiring calibration data usable in a pulse oximeter

US7991446B2

Systems and methods for acquiring calibration data usable in a pulse oximeter

US11058942B2

Avatar-incentive healthcare therapy

US8046041B2

Signal processing apparatus

US8019400B2

Signal processing apparatus

US7937130B2

Signal processing apparatus

US7383070B2

Signal processing apparatus

US6206830B1

Signal processing apparatus and method

US7415297B2

Physiological parameter system

US10226187B2

Patient-worn wireless physiological sensor

US7873497B2

Variable indication estimator

US7880626B2

System and method for monitoring the life of a physiological sensor

US11730379B2

Remote patient management and monitoring systems and methods

US7274955B2

Parameter compensated pulse oximeter

USRE38492E

Signal processing apparatus and method

US8840549B2

Modular patient monitor

US8755856B2

Signal processing apparatus

US8364226B2

Signal processing apparatus

US8359080B2

Signal processing apparatus

US8126528B2

Signal processing apparatus

US8046042B2

Signal processing apparatus

US8036728B2

Signal processing apparatus

US7509154B2

Signal processing apparatus

US7469157B2

Signal processing apparatus