Why were Apple Watches banned in US and how does pulse oximetry help?

Apple Watch Series 9 smartwatches at the company’s 5th Avenue store in New York, US, on Wednesday, Dec. 20, 2023 (Photographer: Jeenah Moon/Bloomberg)

Two Apple Watch models can finally go on sale again after a sales halt was lifted by a federal court, but temporarily. The halt was ordered by the International Trade Commission over a patent dispute.

Apple’s online sales were cut off in the US just last week, before Christmas, because of the ITC ruling. However, the two watch models – Series 9 and Ultra 2 – are expected to be available at Apple’s online store by noon Pacific Time on Thursday, December 28, the company has said. By Saturday, December 30, the products are expected to be more widely available.

Why was Apple watch import banned?

The sales of the Apple Watch products were previously halted due to a patent dispute over the devices’ blood oxygen monitor. Apple said at the time that it was “preemptively taking steps to comply” with the ruling.

“This includes pausing sales of Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24,” Apple said in an email to CBS MoneyWatch.

The blood oxygen monitor feature allows one to measure the level of oxygen in their blood to make sure it is not low, as that can lead to serious health issues. However, the ITC ruled that Apple illegally incorporated blood oxygen technology from Masimo, which is a medical tech company. The devices were thus pulled.

Masimo CEO Joe Kiani accused Apple of employee poaching and patent infringement, and ITC agreed, ordering the ban. “These guys have been caught with their hands in the cookie jar,” Kiani said. Previously, Masimo wanted an apology and an “honest dialogue” as part of a potential settlement discussion. Kiani said he had not spoken to Apple since 2013, and that is when the tech giant considered buying Masimo or seeking its help in developing the blood oxygen sensors.

Patent violation

The US International Trade Commission ruled in October that Apple was in violation of a pulse oximeter patent, held by Masimo. After the halt in sales, retailers including Amazon and Best Buy contininued to sell the stock of Apple Watches that remained online as well as in stores. Apple, however, was prevented from importing the products to the US.

However, even after the ban, the lower priced Apple Watch SE were available in the US to be purchased online and from stores.

What did Masimo CEO Joe Kiani say?

Kiani said that Masimo is ready to settle its dispute with Apple to stop the ban, but Apple has not been responsive. “They haven’t called,” Kiani said. “It takes two to tango.” While the CEO did not specify any amount that may be involved in the settlement, he said Masimo would be willing to “work with them to improve their product.”

What is pulse oximetry technology?

Pulse oximetry is a test that one can use to measure the oxygen level, or oxygen saturation, of the blood. Generally, a clip-like device called a probe is placed on body parts such as a finger or an ear lobe, and the probe subsequently uses light to measure how much oxygen is present in the blood. The healthcare provider can thus decide whether a person may need extra oxygen.

According to the website of Johns Hopkins Medicine, “It is an easy, painless measure of how well oxygen is being sent to parts of your body furthest from your heart, such as the arms and legs.”

Masimo says on its website that over 100 studies have revealed that the company “outperforms other pulse oximetry technologies, providing clinicians with unmatched sensitivity and specificity to make critical patient care decisions.”

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