New Apple Watch series may escape sales ban in the US

According to AppleInsider , the US International Trade Commission (ITC) ban affects the Apple Watch Series 9 and Watch Ultra 2 models that were released just a few months ago. This is related to the case of non-invasive medical sensor company Masimo, which initiated a lawsuit against Apple in 2020, alleging that the Apple Watch's blood oxygen level (SpO2) monitor infringed on several patents held by the company. The case was filed with the ITC in 2021, leading to recommendations for an import ban.

A software update will temporarily allow the Apple Watch Series 9 and Watch Ultra 2 to continue being sold in the US.

Now, Apple is making a number of attempts to avoid the ban, with one of these involving a last-minute software update to avoid infringing on the patents in question.

This is interesting because Masimo previously said that the patent infringement could only be resolved with hardware changes to future Apple Watch models. The Apple Watch Series 6 and newer models are all affected, except the Apple Watch SE, which does not have an SpO2 sensor. However, Apple believes that a software update could be approved by US Customs.

Apple must act quickly to avoid having its latest smartwatch models pulled from the US market during the crucial Christmas season, which could have a significant impact on the company's fourth-quarter 2023 financial report.

Apple has announced that it will stop selling the Apple Watch Series 9 and Watch Ultra 2 at its online store starting December 21, and then stop selling them completely at Apple Stores across the US starting December 25, unless the Joe Biden administration exercises its veto of the ITC ban.

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