The Blood Oxygen sensor on the back crystal of Apple Watch
The U.S. International Trade Commission’s (ITC) order has gone into effect as of December 26th, barring imports and sales of Apple Watches that use technology for reading blood-oxygen levels. Apple has included the pulse oximeter feature in Apple Watches starting with its Series 6 model in 2020.
U.S. Representative Katherine Tai decided not to reverse the ban following careful consultations, and the ITC’s decision became final on Dec. 26, the Trade Representative’s office said Tuesday.
Apple can appeal the ban to the U.S. Court of Appeals for the Federal Circuit.
The company has paused the sales of its Series 9 and Ultra 2 smartwatches in the United States since last week. The ban does not affect Apple Watch SE, a less expensive model, which will continue to be sold. Previously sold watches will not be affected by the ban…
Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.
A jury trial on Masimo’s allegations in California federal court ended with a mistrial in May. Apple has separately sued Masimo for patent infringement in federal court in Delaware and has called Masimo’s legal actions a “maneuver to clear a path” for its own competing smart watch.
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MacDailyNews Take: As we wrote last week, “If the ITC ruling is not vetoed, and a hardware change is required, expect Apple to pay up and settle this imbroglio with an offer that Masimo cannot refuse.”
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