Apple is in a bit of a pickle due to a patent dispute over certain smartwatch models it has released. While the company is trying to prevent this from happening, it seems bizarre that the tech giant decided to get ahead of the ban and remove the select Apple Watches early.
Apple Gets Ahead of the Ban
When the news about Apple Watches being banned first broke, it was announced that they would still be available before Christmas. However, the recent move from Apple comes as a surprise as the Apple Watch Series 9 and Apple Watch Ultra 2 are no longer available online.
The import ban will begin on December 6th, with physical store sales taking them off the shelves earlier on December 24th, as reported by The Verge. If you want one of the newer models from the iPhone maker, you'll have to purchase it somewhere else online.
This could be in response to the recent development in the patent dispute, specifically the International Trade Commission's decision to deny Apple's motion to delay the ban. Apple is still working on solutions to fix the root of the problem.
Apple has already approached the Biden administration in hopes that they would reverse the ruling, although the final decision will not be revealed until next week. If that doesn't work, Apple still has something up its sleeve.
The iPhone maker is already working on a software update that could allow them to put the affected Apple Watches back on the market, but that requires the ITC's approval as well, meaning that none of Apple's solutions are guaranteed to work.
Both potential solutions will put out the main fire which is the accusation of patent infringement, and not just going for a delay of the ban. If those don't work for Apple, they will be forced to keep the watches off the market until a licensing deal is made.
It's either that or Apple will create an entirely new SpO2 sensor for its devices so they can be sold. In the meantime, the company is waiting on the decision of the Biden administration and the approval of the ITC for its software update once it's submitted for review.
Which Patent Did Apple Allegedly Infringe?
The tech giant is said to be using patented technology from a medical company called Masimo, specifically its pulse oximeter features. The ruling from the ITC was decided about two months ago, and Apple has been trying to fix the issue since.
Masimo said in court that Apple poached its top executives along with other employees, just before it released its new pulse rate function, as reported by The New York Times. The medical company's CEO Joe Kiani even offered Apple a licensing deal.
Apple decided to go with the reversal of the ruling. The company "strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers."
