Does Apple have a plan for resolving the patent issue affecting certain Watch models in the US?

By Courtesy of Apple

Incredible as it may seem, Apple will soon be unable to continue selling its latest range of smartwatches on American soil. This is due to a patent dispute concerning technology for measuring oxygen in the blood. One way of escaping this sanction could be to rapidly deploy a targeted software update.

Incredible as it may seem, Apple will soon be unable to continue selling its latest range of smartwatches on American soil. This is due to a patent dispute concerning technology for measuring oxygen in the blood. One way of escaping this sanction could be to rapidly deploy a targeted software update.

As of December 25, 2023, Apple may no longer be allowed to sell its latest generations of Apple Watch (Series 9 and Ultra 2) in the United States. The US International Trade Commission (USITC) has issued a decision seeking to prohibit the import and sale of these Apple Watch models after the medical technology company Masimo filed a lawsuit against Apple for infringement of patents related to blood oxygen measurement technology.

Apple "is preemptively taking steps" and has decided to withdraw the two affected models from its website as of December 21, and from its physical points of sale as of December 24.

If the ITC's decision is upheld, Apple may not be able to sell its Apple Watch Series 9 and Ultra 2 in the US, representing a significant loss of revenue for the company. Its various connected watch models generated no less than $17 billion over the last fiscal year. What's more, the ban could damage Apple's reputation for innovation and respect for intellectual property.

To escape this sanction, Bloomberg reports that Apple may envisage rolling out an update to circumvent Masimo's patents. While this solution is the quickest to implement, it may not be enough for Apple to secure authorization to market its watches again. Alternatively, there's the White House solution. President Joe Biden could veto the International Trade Commission's decision. He reportedly has until December 25 to make his decision.

© Agence France-Presse