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When I first heard about the possible Apple Watch ban in early February, thanks to The hillI thought, “There’s no way they’re banning one of the most popular smartwatches on the planet.”
Even The edge was skeptical: “Given the popularity of the Apple Watch and the size of Apple’s coffers, it would be surprising if an import ban actually materializes,” adding that it is more likely that Masimo, the medical technology company that sued Apple, get your way. a license agreement.
But here we are. It’s the end of 2023 and Apple is now banned to sell their latest wearables: Apple Watch Series 9 and Apple Watch Ultra 2.
But the question is, how do we get here?
5 major events that led to the Apple Watch ban
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January 2020. Masimo sued Apple for the first time, according to Bloomberg. The medical technology company accused Apple of promising a partnership (both companies reportedly met in 2013 to discuss a working relationship), only to turn its back on Masimo by stealing trade secrets and hiring key employees.
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September 2020. Apple introduced the Watch series 6, which featured a new blood oxygen monitoring feature, a technology that Masimo claims Apple stole from the medical technology company.
That same month, Masimo accused Apple of trying to delay and postpone the legal fight. As background, at that time, Apple already filed motions to dismiss the trade secrets allegation and filed motions to have Masimo patents invalidated by the US Patent and Trademark Office.
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June 2021. Fields filed a complaint to the US International Trade Commission (ITC), hoping it will remove the Apple Watch from the market. In short, the complaint claims that Apple infringed several patents by releasing a watch that can measure arterial oxygen saturation.
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October 2023. The ITC ruled in favor of Masimo, stating that Apple did, in fact, infringe Masimo’s patents that protected its blood oxygen monitoring inventions. The ITC issued an import ban, effective December 26, on devices that include this technology (i.e. Watch Series 9 and Watch Ultra 2).
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December 2023. The Office of United States Trade Representatives under the Biden administration could intervened to veto the ban, but on December 26 decided against overturn the ITC ruling, according to The Hill.
And now that?
According Bloomberg, Apple will challenge the ban before the US Court of Appeals for the Federal Circuit. “We strongly disagree with the USITC’s decision and the resulting exclusion order, and we are taking every step to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible” said an Apple spokesperson.
On Tuesday, Apple also requested an emergency removal of the ban for a minimum of two weeks while the court mulls Apple’s appeal.
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