Roman GłogulskiSales of Apple Watch Series 9 and Apple Watch Ultra 2 will be suspended once again in the United States after Apple’s request to continue selling the devices during the appeals process was rejected. This decision comes as a result of the International Trade Commission (ITC) ruling that the oxygen level measuring feature in Apple devices infringes on the patents owned by medical company Masimo.
The Federal Circuit Appeals Court formally rejected Apple’s request today, considering several factors including the company’s chances of success on appeal. It is important to note, however, that this rejection does not relate to the overall value of Apple’s appeal.
However, Apple has another option to avoid the sales suspension. U.S. Customs announced earlier this week that they will consider implementing a software update that disables the blood oxygen level measurement feature on the Apple Watch. By introducing this firmware update, Apple could potentially bypass the ITC ban and continue selling the devices.
Despite the temporary sales suspension, Apple’s appeal will continue, and there is a possibility that the company will eventually win the case. If successful, Apple will be able to resume sales of Apple Watch Series 9 and Apple Watch Ultra 2 with the blood oxygen level measurement feature. The outcome of this legal battle is eagerly anticipated, and the deadline of tomorrow at 17:00 ET marks a key point in the proceedings.
Interestingly, this is not the first suspension of sales for the current models of Apple Watch. They have been withdrawn from sale, then resumed, and now faced with another sales suspension within a span of less than a month. The ongoing legal and regulatory challenges surrounding these popular wearable devices highlight the complexity of intellectual property disputes in the technology sector.
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