ITC rejects Apple's plan to avoid sales suspension of Apple Watch

Apple has been ordered to stop selling the Apple Watch Ultra 2 and Apple Watch Series 9 in the United States because the Apple Watch infringes on another company's patents. It was newly revealed that Apple had requested a postponement of the sales suspension order from the US International Trade Commission (ITC), but it was rejected.

Certain Light-Based Physiological Measurement Devices and Components Thereof
(PDF file) https://www.usitc.gov/secretary/fed_reg_notices/337/337_1276_notice12202023sgl.pdf

Apple loses attempt to halt Apple Watch sales ban - The Verge
https://www.theverge.com/2023/12/20/24010011/apple-loses-attempt-halt-apple-watch-sales-ban-itc

Apple Watch Series 6 and later Apple Watch series released in 2020 are equipped with a `` Blood Oxygen Wellness App '' that can measure blood oxygen concentration. However, Apple was sued by medical device manufacturer Masimo in June 2021, alleging that its blood oxygen level measurement function infringes its patent, and in January 2023, ITC filed a lawsuit against Masimo. Apple concedes the lawsuit and declares Apple's loss. After that, on October 27, 2023, the ITC issued an exclusion order to Apple stating, ``Unless this function is removed, imports into the United States are prohibited.''

The US International Trade Commission rules that the Apple Watch's blood oxygen wellness measurement function infringes the patent of medical device manufacturer Masimo - GIGAZINE

According to Apple, the ITC exclusion order will make it impossible to import the Apple Watch Ultra 2 and Apple Watch Series 9 into the United States. The ITC has set the enforcement date for the exclusion order as December 26, 2023, but Apple says it will 'preemptively take measures to comply with the ruling' and the official Apple web store will be posted on December 21, 2023 local time. Since then, it has been announced that both models will no longer be sold at retail stores in the United States starting December 24, 2023.

Apple discontinues sales of Apple Watch Series 9 and Ultra 2 over blood oxygen sensor patent dispute - GIGAZINE

According to a new document released by the ITC, on October 30, 2023, three days after the exclusion order was issued, Apple 'seeks a stay of the order to allow for the appeal period and possible government shutdown.' The complaint has been submitted to the ITC. However, the ITC issued a decision to deny Apple's complaint on December 20, 2023. Furthermore, although Masimo submitted a document regarding the Masimo smart watch ' W1 ' as a rebuttal to Apple's complaint, the document was not taken into account in the ITC's decision.

Please note that the ITC order targets direct sales by Apple, so there is no problem with selling Apple Watch Series 9 and Apple Watch Ultra 2 at third-party stores such as Amazon. Additionally, since the order targets 'imports into the United States,' sales can continue as usual in countries other than the United States, including Japan.

In addition, foreign media Bloomberg reports that ``Apple is planning software modifications to continue selling Apple Watch Series 9 and Apple Watch Ultra 2.''