Apple Watches with blood-oxygen level reading capabilities are now barred from import into the United States as Apple contests a government ruling claiming patent infringement, according to a federal appeals court decision on Wednesday. The court’s decision means these watches cannot be imported after 5 pm on January 18, while Apple challenges the ban imposed by the US International Trade Commission (ITC).
Previously, the import of these smartwatches, equipped with blood oximeters, was allowed during the appeal process. Apple announced on Wednesday that it would remove the blood-oxygen reading feature from two flagship Apple Watch models in the US. To comply with the ruling, Apple Watch Series 9 and Ultra 2 models without the feature will be available for sale on Apple’s website and stores starting at 6 am Pacific time on Thursday.
The legal battle is expected to take about a year to resolve, and analysts had anticipated that Apple might choose to eliminate the feature rather than withdraw devices from sale in one of its significant markets.
The ITC had imposed an import ban on Series 9 and Ultra 2 Apple Watches, effective on December 26. However, the federal circuit temporarily lifted the ban the next day while considering Apple’s request for a more extended pause, allowing Apple to resume sales later that day.
Notably, the ban only affects specific Apple Watch models, and imports of all other Apple Watch models remain unaffected. On January 12, the US Customs and Border Protection determined that a proposed redesign from Apple would allow the import of reconfigured versions of its latest Series 9 and Ultra 2 Apple Watches without violating the ITC’s restrictions.
The patents in question belong to medical technology company Masimo, which has accused Apple of poaching its employees and stealing pulse oximetry technology for use in Apple Watches. The ITC’s ban followed a complaint from Masimo.
Apple, which stopped selling the affected watches in the US before Christmas, has not publicly disclosed the redesign details. The company has asked the federal circuit to keep the ban on hold during the appeals process, arguing that it is likely to win the appeal, and maintaining the ban would harm the company, its suppliers, and the public.
Apple Watches constitute about a quarter of the global smartwatch market, and the wearables, home, and accessory business, including the Apple Watch, generated $8.28 billion in revenue during the third quarter of 2023, according to Apple’s report.
