Apple Watch U.S. Sales Suspended… Infringement of ‘Blood Oxygen Measurement’ Patent

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iPhone maker Apple announced on the 18th (local time) that it will temporarily suspend sales of some models of its smartwatch, the Apple Watch.

As a result, online sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States will be suspended from 3 p.m. on the 21st and store sales will be suspended from the 25th.

The temporary suspension of the sale of these products follows a patent infringement decision by the U.S. International Trade Commission (ITC) in October.

Apple said, “The White House will review the ITC decision for 60 days until the 25th, and we have started suspending sales in advance in case the decision is maintained.”

The ITC is the agency that decides to ban imports of patent infringing products.

The organization determined on Oct. 26 that Apple infringed on a patent for medical technology company Masimo in a dispute over Apple Watch’s blood oxygen measurement technology.

As a result, it stopped selling Apple Watch containing Masimo’s oxygen measurement technology patent technology and banned the import of materials necessary for manufacturing along with Apple Watch to the United States.

At that time, the ITC’s import ban did not immediately take effect, and after a 60-day review period, it will be transferred to the White House before deciding whether to veto it.

Apple announced the suspension of the sale in preparation for the ITC decision to be upheld. In the past, the president’s veto of the ITC’s import ban was reportedly rarely exercised.

Apple says it plans to “take every step to ensure we can resume sales of both watches as soon as possible” if the ITC orders are followed. Apple is also considering appealing the ITC’s decision to the Federal Circuit Court of Appeals.

Masimo previously filed a lawsuit against Apple Watch, claiming its blood oxygen measurement technology violated its patents, and also requested an order to ban U.S. imports.

Apple’s wearable, home and accessories division, including Apple Watch, earned $9.3 billion (W12.117.9 trillion) in the third quarter, the third-highest sales after iPhones and services.

Apple shares closed down nearly 1% on the New York Stock Exchange.

SALLY LEE

ASIA JOURNAL

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