Can I still buy the latest Apple Watch? Here’s where things stand after appeals court pauses ban.
Following a ruling by the International Trade Commission (ITC) that banned Apple from selling new models of its popular Apple Watch in the United States due to a patent dispute, the company began yanking the impacted models from store shelves and its website.
But on Wednesday, the U.S. Court of Appeals for the Federal Circuit stayed the ITC action, allowing Apple to resume selling the watch, at least temporarily. Confused? We’ve got you covered.
Why was Apple banned from selling certain Apple Watch models?
A California-based company called Masimo, which sells its products to hospitals, alleges that Apple violated its patents when it incorporated blood oxygen sensor technology. Prior to filing suit with the ITC in 2021, Masimo sued Apple in 2020, but that case ended in a mistrial. In October, the ITC ruled that the latest versions of Apple’s Blood Oxygen app violated copyrights.
What is a blood oxygen sensor and why do I need it on my watch?
“Knowing how well oxygenated your blood is can help you understand your overall health and wellness,” Apple says on its website.
Doctors often use an oximeter — a device placed over the tip of an index finger — to measure blood oxygen levels and assess a variety of health conditions, including lung function, for those suffering from asthma, anemia, cardiac arrest, heart failure and sleep apnea, according to Yale Medicine.
Every year, Apple has looked to expand the health features of its watches. But as with many recent health advances, this one also comes with a disclaimer: “Blood Oxygen app measurements are not intended for medical use,” Apple states on its website.
Which watches are affected?
The ban, which went into effect on Tuesday before being stayed a day later, includes Apple Watch Series 9 and Ultra 2 models, but the sale of those watches was halted only in the U.S.
Earlier models of the watch were not impacted and remained on sale throughout the back-and-forth drama.
Can’t Apple simply redesign its Blood Oxygen app?
Prior to Wednesday’s ruling, the company said it was “pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.”
In fact, Apple already has redesigned its software, and on Tuesday, it told the appeals court that U.S. Customs and Border Protection was looking into whether the changes skirted the patent issues.
In its complaint, Masimo alleges that Apple poached employees who developed the blood oxygen sensor technology, but coming up with a version that does not infringe on Masimo’s patents may not be as easy as winning in court.
How much money does Apple make off its watches, anyway?
The computer giant’s watch division generates roughly $17 billion a year for the company, according to Bloomberg, so making sure the watches remain on store shelves is a massive priority for Apple.
So, is the case settled?
Nope. For now, the appeals court’s pause on the ban is in effect only as it considers Apple’s request for a longer stay while the appeals process plays out. The ITC has been given until Jan. 10 to respond to Apple’s request for the extended stay.
