Apple watch ban takes effect in the US: How does it impact you? What comes next?
The ban affects the majority of new Apple Watches sold since 2020, including the Series 6, 7, 8, and Ultra, as well as the current 9 and Ultra 2, all of which have the blood oxygen function covered by the disputed patents

A ban restricting imports of Apple’s popular Apple Watches into the US has gone into effect on Tuesday.The International Trade Commission (ITC) of the United States had ruled in October to ban Apple Watch models due to a patented technique for monitoring blood-oxygen levels.Apple argues that the ITC decision was erroneous and should be reversed. However, it halted sales of the Apple Watch Series 9 and Apple Watch Ultra 2 in the US last week. The iPhone maker also stated that it would file an appeal in a US federal court.The change went into effect on the Apple Store's online store on 21 December, with retail stores ending sales on 24 December.Here is a look at what the ban means for consumers and what is next for Apple.Why was the ban imposed?The US International Trade Commission in October ordered Apple to stop importing and selling Apple Watches based on a complaint from medical-monitoring technology company Masimo.The ITC, a federal agency that handles international trade disputes, determined that an Apple Watch feature for reading blood-oxygen levels infringes Masimo’s pulse oximetry patents.The administration of President Joe Biden had 60 days, until 25 December, to veto the order based on public policy concerns but chose not to do so.What are the accusations against Apple?Masimo, which released a watch last year that also reads blood-oxygen levels and tracks other health indicators, accused Apple of hiring away its employees and stealing its technology after discussing a potential collaboration. A jury trial on Masimo’s allegations in California federal court ended with a mistrial in May and has not yet been rescheduled.[caption id="attachment_13548982" align="alignnone" width="640"]
The ban specifically applies to Apple and its “affiliated companies, parents, subsidiaries, or other related business entities,” and may not affect other retailers selling Apple Watches. AP[/caption]Apple has called Irvine, California-based Masimo’s legal actions a scheme to clear a path for its competing smartwatch, and has countersued Masimo for patent infringement in Delaware federal court.How are US Apple Watch sales affected?Cupertino, California-based Apple announced on 18 December it would pre-emptively pause US sales of its latest high-end Series 9 and Ultra 2 models ahead of the Christmas Day deadline. The ITC’s order does not affect the lower-priced Apple Watch SE, which does not have pulse-oximetry capabilities and remains on sale at Apple.The ITC decision says it applies only to Apple Watches with the light-based pulse oximetry capability in question, but does not specify which models with that technology are affected. Apple first introduced pulse oximetry in its Series 6 watches, and Masimo has argued that all Apple Watches with the technology infringe its patents.Apple said it would also stop replacing out-of-warranty watches going back to Series 6 based on the ban.The ban specifically applies to Apple and its “affiliated companies, parents, subsidiaries, or other related business entities,” and may not affect other retailers selling Apple Watches.Series 9 Apple Watches were still available from sellers including Amazon, Best Buy and Walmart as of 26 December.What it means for the customers?In a memo, Apple notified its customer support teams that out-of-warranty units dating back to the Apple Watch Series 6 will no longer be replaced in the United States.Because of this change, issues like as a damaged screen on these models will no longer be addressed by Apple's replacement service; however, assistance with software-related issues, such as reinstalling the operating system, will still be available.[caption id="attachment_13548992" align="alignnone" width="640"]
Following the prohibition, Apple will not allow exchanges for watches purchased prior to the ban, such as changing the colour or size, within the normal return period. AP[/caption]The verdict affects the majority of new Apple Watches sold since 2020, including the Series 6, 7, 8, and Ultra, as well as the current 9 and Ultra 2, all of which have the blood oxygen function covered by the disputed patents.Customers who purchased watches before to the ban and models that are still under warranty are unaffected by the replacement ban, with the standard warranty lasting one year and being extendable with AppleCare.Following the prohibition, Apple will not allow exchanges for watches purchased prior to the ban, such as changing the colour or size, within the normal return period. However, replacement accessories like as bands will be permitted, and watches can be returned for a refund.The US tribunal's decision will have no effect on Apple Watch sales in India.What are Apple’s options now?Apple is expected to appeal the ban to the US Court of Appeals for the Federal Circuit in Washington. The ITC on 20 December rejected Apple’s bid to pause the ban during an appeal.Apple is also reportedly working on software changes to enable its watches to operate without infringing Masimo’s patents. It could resume importing and selling the watches if US Customs and Border Protection approves the workaround.Masimo has said that its patents cover hardware, and that a software fix would not work.Masimo CEO Joe Kiani has also indicated that he is willing to settle the dispute.With inputs from Reuters

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