Apple’s nightmare before Christmas! Tech giant will be BANNED from selling smartwatches in the US THIS WEEK over claims it stole medical technology, landmark ruling says
- Starting this week, Apple will no longer be allowed to sell watches in the US
- The announcement is due to Apple violating a patent on biomarker technology
- READ MORE: Apple Watch Series 9 has a new 'hand gestures' feature
Apple was forced to stop selling the Apple Watch in the US this week after a landmark lawsuit alleges the tech giant stole technology that monitors users' vital signs.
Sales of the Apple Watch Series 9 and Ultra 2 will be banned online from December 21 and in Apple stores from December 24.
The move comes after an October order from the International Trade Commission (ITC) that could ban Apple from importing its Apple Watches after the devices were found to violate the patent rights of medical technology company Masimo.
The ruling means that Apple must stop selling watches at Christmas, except for the SE model.
The technology giant is banned from selling its Apple Watch Series 9 (photo) and Apple Watch Ultra 2 from December 21
“Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure Apple Watch is available to customers,” the company said. The Wall Street Journal.
DailyMail.com has contacted Apple.
The lawsuit stems from Apple's implementation of technology that measures blood oxygen on demand.
The blood oxygen level represents the percentage of oxygen that your red blood cells carry from your lungs to the rest of your body.
A healthy oxygen level in the blood is 95 and 100 percent. Anything below that puts people at risk for hypoxemia, which causes confusion, bluish skin, and changes in breathing and heart rate.
The lawsuit stems from Apple's implementation of technology that measures blood oxygen on demand. Apple implemented a pulse oximeter in its smartwatches starting in 2020
Apple implemented a pulse oximeter in its smartwatches starting in 2020.
Masimo filed his complaint in 2021, claiming that the tech giant was using its medical innovation for its Apple Watches.
The ITC issued a cease and desist order to Apple in October over the lawsuit while it conducted an investigation, which the group upheld.
Joe Kiani, founder, chairman and CEO of Masimo, said in October: “(The) USITC ruling sends a strong message that even the world's largest company is not above the law.
“This important determination is a strong endorsement of our efforts to hold Apple accountable for the unlawful misappropriation of our patented technology.”
Masimo filed his complaint in 2021, claiming that the tech giant was using its medical innovation for its Apple Watches
A presidential review period is now underway for the position.
Although the review period does not end until December 25, Apple is taking preemptive steps to comply with the ruling, the company said.
However, the Series 9 and the Ultra 2 are said to be available outside the US.
Apple believes the ITC's finding was erroneous and should be reversed and plans to appeal the decision to the Federal Circuit.
Masimo accused Apple of poaching his employees. stealing its pulse oximetry technology and integrating it into the popular Apple Watch, which makes up 60 percent of the market.
A jury trial on Masimo's allegations in California federal court ended with a mistrial in May.
Apple has separately sued Masimo for patent infringement in a federal court in Delaware, calling Masimo's legal actions a “maneuver to clear a path” for its own competing smartwatch.
A presidential administration had not vetoed an ITC ruling since 2013, when President Barack Obama's administration reversed an import ban on Apple iPhones and iPads stemming from a patent dispute with Samsung.
The Biden administration opted not to veto a separate import ban on Apple Watches in February based on a patent infringement complaint from medical technology company AliveCor.