The Apple Watch Ultra 2, one of the models whose sale Apple is suspending in the United States due to a patent dispute (AFP/Archives/Patrick T. Fallon)
Apple announced on Monday the suspension of the sale in the United States of several models of its connected watch due to a dispute concerning a patent linked to the detection of oxygen levels in the blood.
This decision comes after the recommendation on October 27 by the United States International Trade Commission (USITC) to ban the importation into the United States of certain models of Apple’s connected watch, accused by the manufacturer of medical devices Masimo of having copied its technologies.
The USITC issued a “limited exclusion order” against these models, supposed to come into force after sixty days unless the American government objects, Masimo, a company based in California, said at the time.
A review of this recommendation is currently underway by President Joe Biden’s office.
“The (presidential) review period does not end before December 25, but Apple is taking pre-emptive measures to respect the decision if it were to be confirmed,” a spokesperson explained to AFP on Monday. of the American group.
These measures include the suspension of sales of Apple Watch Series 9 — released in September — and Apple Watch Ultra 2, from December 21 on the giant’s website and after December 24 in stores, continued this source. .
“The ITC’s expert judgment should be respected in this case,” noted a Masimo spokesperson, contacted by AFP on Monday.
“The decision to exclude certain models of the Apple Watch manufactured abroad proves that even the most powerful company in the world must respect the legislation protecting intellectual property rights,” he noted.
For its part, Apple believes that the American body is wrong and that its decision should be annulled, which it is ready to seek in court if necessary.
Masimo filed a complaint with the USITC in 2021, arguing that the Apple Watch 6, a model put on sale in 2020 and the first to include a function for measuring the level of blood oxygen saturation, copied one of its patented technologies, based on light.
“Masimo improperly attempted to use the ITC to prevent millions of American consumers from having access to a potentially life-saving product, while making room for its own watch that copies Apple’s,” accused the Cupertino group at the end of October.
Apple launched two legal actions at the end of 2022 for non-compliance with patents against Masimo, accusing it of copying the technology of its watches.
© 2023 AFP
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