Apple will again be barred from selling watches with blood oxygen sensors beginning Thursday, the U.S. Court of Appeals for the Federal Circuit said, CNBC reported.
The court order Wednesday did not rule on Apple’s effort to overturn a U.S. International Trade Commission ban on the company selling the effected watches in the United States. But it lifted an injunction that had blocked the ban from taking effect while that appeal is pending.
The ban stems from an intellectual property dispute with Masimo, a medical device company. In October, the International Trade Commission found that Apple’s blood oxygen sensors had infringed on Masimo’s intellectual property.
Apple shares fell slightly in Wednesday afternoon trading.
The ban prevents Apple from importing the devices in question — both the Apple Watch Series 9 and Ultra 2. In December, Apple chose to briefly remove the affected watches from its online and retail stores, through retailers with those devices in stock may still sell them.
Reuters reported that Apple said on Wednesday it would remove a blood oxygen monitoring feature from two flagship Apple Watch models in the U.S. as the iPhone maker fights a legal battle over patents on the technology behind the feature.
The legal fight could take a year to resolve, and analysts had expected Apple would strike the feature, which is marketed for fitness users, rather than pull devices from sale in one of its biggest markets.
The company said Apple Watch Series 9 on Ultra 2 models without the feature would go on sale on its website and stores started at 6 a.m. Pacific Time (1400 GMT) on Tuesday.
Apple shares closed 0.5% lower at $182.68 after the U.S. Court of Appeals for the Federal Circuit ruled on Wednesday the company could no longer sell the models at the center of a legal battle with medical technology company Masimo.
…In a statement, Joe Kiani, Masimo’s founder and chief executive, said the court ruling on Wednesday “affirms that even the largest and most powerful companies must respect the intellectual rights of American inventors and must deal with the consequences when they are caught infringing others’ patents.”
Engadget reported that if you’re in the US, any Watch Series 9 or Ultra 2 model you buy from Apple will no longer have a functional blood oxygen monitoring feature.
Apple failed to convince the court to allow it to keep selling the aforementioned models while it’s appealing a ruling by the US International Trade Commission (ITC).
In my opinion, I think Apple could have avoided going to court by talking with Masimo before adding the blood oxygen sensor into its watches. Instead, it went ahead and added that, and now has to remove it.