The story of the Apple Watch Series 9 and Ultra 2 in the United States is worthy of a series or film on Apple TV+. It is not for nothing that in just one month they went through several phases: they were put on sale normally, they were banned, they were put back on sale, their ban was reimposed and they once again evaded this restriction. And these last two stages, in the last hours.
Apple has a major problem with Masimo, a company also from California that owns in its name some of the patents that the Apple Watch infringes with its blood oxygen sensor. So much that The firm led by Tim Cook had to deactivate this sensor to keep these two watches on sale in their North American stores.
Chronology of a problem that seems eternal
It looked like a quiet Christmas at Apple Park until the bombshell exploded: the courts banned the sale of the Apple Watch Series 9 and Ultra 2 in the United States. The reason, which we mentioned in the introduction, was a violation of Masimo patents that the ITC, the highest trade authority in the country, considered valid. Apple had several ways to get around this ban, but it had very little time left to avoid it.
In fact, the aforementioned watches remained off the market for several days until sales resumed on December 28. Apple requested a truce during the legal process, since he was still in the appeal period. However, not only Apple was called upon to appeal in this process, but also the other parties.
Thus, we arrived at a stern response from the ITC in which they stood their ground by making it clear that Apple was violating patents and causing irreparable damage to Masimo. At the same time, Apple considered the ban excessive and continued to request to keep its latest watches on the market until the legal battle was completely over. Actually, They have already proposed a solution via software with which a priori they have not infringed any patents.
And the ban came back…and once again, its lifting
All parties involved having already declared it, this week was key for the immediate future of the Apple Watch Series 9 and Ultra 2. The software solution had not convinced and A sales ban has been reinstated and was set to resume today. And we speak conditionally because they will finally continue to be for sale, although with a great absence.
Apple spokespersons told 9to5Mac that finally They will be able to continue selling their latest smartwatches thanks to the deactivation of the blood oxygen sensor. Because what the courts are banning is not these specific models per se, but anyone who infringes on Masimo’s patented algorithms.
Therefore, and despite the presence of the sensor for hardware purposes, it cannot be executed by deleting the application that authorized it. Apple hopes to be able to turn it back on at some point, although it doesn’t seem like it will be comfortable. The appeal process could last a yearthe door is therefore always open to further ups and downs.
Dispelling frequent doubts about this controversy
Apple’s problem is of great magnitude, especially since it directly affects consumers. Both to those who have already purchased a watch with this integrated function and to those who plan to purchase it in the coming months. Fortunately, at least for now, there are answers to your questions.
- What is happening in other countries? Nothing at all. As far as we know, Masimo’s patents are registered in the United States and that is where the infringement was reported. So, until now, only the North American country has experienced this ban. In the rest of the countries, everything will remain as usual.
- Why the latest generation Apple Watch and not the previous ones? The Apple Watch Series 6 was truly the first to incorporate the blood oxygen sensor and subsequent generations followed. However, at the time the ban was announced and launched, only the Series 9 and Ultra 2 were on sale and so those were the only ones with issues.
- What will happen to those who already own an Apple Watch with the blood oxygen sensor? Unlike those who buy one of these watches now, those who already own them will not have the sensor disabled, so it will have no effect on them. This is confirmed by several expert voices close to this legal case.
Cover image | Alejandro Alcolea for Xataka
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