apple It is one of the largest corporations in the world, but even they are not above the law. The Apple Watch Series 9 and Ultra 2 have a function to measure blood oxygen levels, a function that infringes a patent law in the United States. As a result of which it is impossible to sell these products as of today.
That’s right, until today, December 26, 2023, it’s impossible to buy the Apple Watch Series 9 and Ultra 2 directly from Apple, since the US International Trade Commission, ITC, has banned its sale in the US. The only current model saved is the Apple Watch SE. This decision is because the company behind the iPhone infringed on a pulse oximeter patent established by Massimo. As the ITC commented:
“On October 26, 2023, the US International Trade Commission determined that Apple, Inc. Massimo Corporation and Cercacor Laboratories, Inc. Infringes two patents it owns, both located in the United States. […] After the warning, the ambassador said [Katherine] The ITC therefore decided not to set aside the determination and its decision became final on December 26, 2023.”
Originally, Apple tried to remove the blood oxygen measurement feature through an update, But patents go to the hardware layer, not the software. For its part, the company may appeal the block to the Court of Appeals for the Federal Circuit, but it’s unknown how long that will take.
This decision was not a total surprise. Apple was already expecting this result, so it was impossible to buy the Apple Watch Series 9 and Ultra 2 in the company’s online store from December 21, while physical stores stopped selling the product on December 24. Along with this promotion It also affects the Apple Watch Series 6, 7 and 8 and the first generation UltraWhich can no longer be sent for repair.
For his part, Masimo CEO Joe Chiani, the companies behind the patents in question, indicated that Willing to reach an agreement with AppleBut the company did not contact them. Here is what he commented:
“So far they have not called us. It takes two: Rahman.
Apple is a company with many assets. The question is not if they will find a solution, but when. Meanwhile, Apple Watch Series 9 and Ultra 2 are impossible to buy. In related matters, the first details of the iPhone 16 are out. Similarly, Apple may delay the launch of Vision Pro.
Editor’s note:
It’s nice to see that a company of Apple’s stature is not above the law. I hope the company will take this as a lesson and avoid making the same mistakes in the future. What strikes me the most is that this could have been resolved by contacting the patent owners, but they didn’t.
Through: Hypertextual
