Apple seeks a path to getting 2 of its best watches back on shelves during a bitter patent dispute

Dec 26, 2023, 12:17 PM

Apple watches are seen on display at the Apple Store in Grand Central Station on December 18, 2023 ...

Apple watches are seen on display at the Apple Store in Grand Central Station on December 18, 2023 in New York City. Apple announced that it will halt the sale of its Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. as early as this week. The decision comes from an ongoing dispute with medical technology company Masimo over its blood oxygen feature. The company has said that a review period is underway with the International Trade Commission related to Apple Watch devices containing a blood oxygen feature. (Photo by Michael M. Santiago/Getty Images)

(Photo by Michael M. Santiago/Getty Images)

Apple filed an emergency motion seeking court permission to begin selling two of its most popular watches again until a final decision on its broader appeal in a bitter patent dispute is decided.

The company cut off sales right before the Christmas holiday and in a motion filed Tuesday, Apple said it would suffer “irreparable harm” if previous court orders remain for the two weeks that it said the U.S. International Trade Commission will take to respond to its appeal.

The disruption will likely cost Apple about $300-400 million in holiday-season sales, estimated Wedbush Securities analyst Dan Ives. That’s a relative drop in the bucket for Apple, given that industry analysts are expecting the company to generate nearly $120 billion in sales this quarter, which includes the holiday shopping season.

On Oct. 26, the ITC determined that Apple infringed on two patents owned by Masimo Corp. and Cercacor Laboratories, both U.S. companies. After a 60-day review, the ITC’s decision became final Tuesday, but the company had already pulled the watches from store shelves and removed them from its online sales lineup.

On Tuesday, United States Trade Representative Katherine Tai let the ITC decision stand.

“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination,” the office of the U.S. Trade representative said, meaning that the ITC decision officially went into effect Tuesday.

The Cupertino, California tech giant stopped online sales of its Apple Watch Series 9 and Ultra 2 internet-connected watch Thursday in the U.S. after ITC rejected Apple’s bid to get around a late October order blocking the company from using some of technology underlying the blood oxygen measurement feature on the watches.

Previously purchased Apple Watches equipped with blood oxygen measurement aren’t affected by the ITC order.

Apple contends that the ITC’s decision is based on multiple factual errors and that Masimo does not sell a competing product in the U.S. in “meaningful quantities” and would not suffer harm if the order is stayed.

Shares of Apple Inc. are down slightly on a day when the tech sector is one of the strongest in Tuesday trading.

KSL 5 TV Live

Science & Technology

A person looking at the NVIDIA Grace Hopper superchip...

Nicole Goodkind, CNN

S&P 500 and Dow hit new highs as Nvidia fervor takes hold of Wall Street

Stocks soared to new highs on Thursday after Nvidia, the third largest company on Wall Street, blew past earnings expectations and bolstered investor optimism on Wall Street.

18 hours ago

This image provided by Intuitive Machines shows its Odysseus lunar lander with the Earth in the bac...

Marcia Dunn, AP Aerospace Writer

Private lander touches down on the moon but sending weak signal

A private lunar lander is circling the moon while aiming for a touchdown near the south pole. A successful landing Thursday would put the U.S. back on the moon's surface for the first time since NASA's famed Apollo moonwalkers, more than 50 years ago.

20 hours ago

FILE: A person scans and downloads an app to start the process of converting their physical driver ...

Michelle Chapman, AP Business Writer

Americans reporting nationwide cellular outages from AT&T, Cricket Wireless and other providers

A number of Americans are dealing with cellular outages on AT&T, Cricket Wireless, Verizon, T-Mobile and other service providers.

1 day ago

metal container with slides frozen in the bottom...

Laura Ungar, Science Writer

How Alabama court ruling that frozen embryos are children could affect IVF

The Alabama Supreme Court recently ruled that frozen embryos can be considered children under state law. This is raising concerns about how the decision could affect in vitro fertilization, commonly known as IVF.

2 days ago

An Indian Space Research Organisation rocket carrying the Chandrayaan-3 moon lander lifts off from ...

Kristin Fisher and Jackie Wattles, CNN

Why it’s so difficult to land on the moon, even five decades after Apollo

Hundreds of thousands of miles beyond Earth, a phone booth-size spacecraft is en route to take on a challenge no vehicle launched from the United States has attempted in more than 50 years.

2 days ago

Varda capsule reentry drawing...

Collin Leonard,

Varda capsule to land in Utah desert in historic first for commercial space programs

A small capsule is set to touchdown in Utah's west desert on Wednesday, bringing with it important data collected in space by a California-based company.

2 days ago

Sponsored Articles

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Stylish room interior with beautiful Christmas tree and decorative fireplace...

Lighting Design

Create a Festive Home with Our Easy-to-Follow Holiday Prep Guide

Get ready for festive celebrations! Discover expert tips to prepare your home for the holidays, creating a warm and welcoming atmosphere for unforgettable moments.

Battery low message on mobile device screen. Internet and technology concept...

PC Laptops

9 Tips to Get More Power Out of Your Laptop Battery

Get more power out of your laptop battery and help it last longer by implementing some of these tips from our guide.

Users display warnings about the use of artificial intelligence (AI), access to malicious software ...

Les Olson

How to Stay Safe from Cybersecurity Threats

Read our tips for reading for how to respond to rising cybersecurity threats in 2023 and beyond to keep yourself and your company safe.

Apple seeks a path to getting 2 of its best watches back on shelves during a bitter patent dispute