The patent dispute between Apple and technology company Masimo over the blood oxygen sensor in Apple Watch models has taken a new turn. The United States Court of Appeals in Washington has decided to reinstate the ban on the sale of luxury Apple watches, pending the resolution of the dispute. This ruling puts Apple in a situation where it may once again have to remove affected devices from stores, for the second time in less than a month.
The sales ban was initially lifted by the appellate court three weeks ago, allowing Apple to resume selling the Series 9 and Ultra 2 models. However, the recent decision reinstates the ban, leaving Apple vulnerable once again. The company is currently trying to convince the federal appellate court to invalidate the International Trade Commission’s decision, which found that the blood oxygen sensor infringes Masimo’s patents.
While Apple has the opportunity to appeal this decision, the process could take a long time, at least a year. As a result, Apple will either have to suspend sales of the banned Apple Watch models in the US until 2024 or potentially redesign the devices in accordance with the ITC’s decision.
In response to the ongoing dispute, Apple has received approval from the US Customs and Border Protection to make changes that will eliminate the blood oxygen sensor from the watches. However, the company has not yet disclosed its action plan in light of the reinstated sales ban.
Although the need to withdraw the Series 9 and Ultra 2 watches from the US market will impact Apple’s revenues, they will still be able to sell the less expensive SE model, which does not have the blood oxygen sensor.
As the dispute continues, both companies are striving for a resolution that aligns with their interests. For Apple, the health monitoring capabilities of the Apple Watch have become a significant selling point, while Masimo seeks to protect its intellectual property rights. The outcome of this dispute will not only affect the sales of these specific Apple Watch models but also have broader implications for the wearable technology industry.