Apple watch: US upholds ban on sale over patent dispute

[JohnS]

No doubt, a number of you have purchased the Apple watch since its inception in April, 2015. And what a seller it's become for Apple! So, I'm sure you've heard of the recent dispute between Apple and medical technology company Masimo concerning the patent for measuring blood oxygen levels. This has affected the Series 9 and Ultra 2 models. The Apple Watch incorporates fitness tracking, health-oriented capabilities, and wireless telecommunication, and integrates with watchOS and other Apple products and services, hence explaining why it is believed that in 2020, Apple sold more watches than the entire Swiss Watch Industry! (N.B. Apple do not release sales figures publicly of their Apple Watch models.)

This week, a US appeals court has banned Apple from using the technology that Masimo state is their patented property, and so new models will not include it. The story continues below...

Apple watch: US upholds ban on sale over patent dispute

By Annabelle Liang

Business reporter

Apple has once again been banned from selling two smartwatch models in the US, while a legal battle continues over a patent dispute.

The tech giant was earlier allowed to sell its Series 9 and Ultra 2 watches while proceedings were ongoing - but a US appeals court has since reversed that decision.

Imports of watches are also affected.

On Thursday, Apple said it will release watches without the disputed blood oxygen feature to keep them on shelves.

It is the latest turn in a dispute between the firm and medical technology company Masimo.

Masimo and spin-off Cercacor have accused the iPhone maker of poaching key staff and taking other steps to steal technology it developed to measure oxygen levels in the blood.

In October, the US International Trade Commission said it agreed that Apple had violated some patent rights and issued an order barring certain imports and sales. This had been due to go into effect in late December but was paused while the appeal was underway.

Most versions of Apple's watches, including the Series 9 and Ultra 2, have included the feature since 2020. The SE model does not.

The affected watches cannot be imported from 17:00 ET (22:00 GMT) on Thursday.

Masimo's founder and chief executive Joe Kiani said the ruling showed that "even the largest and most powerful companies must respect the intellectual rights of American inventors and must deal with the consequences when they are caught infringing others' patents".

Apple said that it "strongly disagreed" with the US International Trade Commission's view that it had violated some patent rights.

"Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption," the company said in a statement.

Apple now has the lion's share of the global smartphone market, as it knocked Samsung off the top spot for the first time in 12 years.

It accounted for more than a fifth of phones shipped last year, according to data from the International Data Corporation released this week.

Source: https://www.bbc.com/news/business-68014619

[El Presidente]

It is a great story.

I love the Apple narrative. They are masters (today) of coming in behind pioneers and dominating a market place.

The global regulatory environment is changing however. They will adapt.