The US will ban the Apple Watch Series 9 and Ultra 2 with pulse oximetry again from January 18, after an appeals court denied Apple's request to pause the ban

The Apple Watch Series 9 and Apple Watch Ultra 2 with blood oxygen features will be banned from being sold in the United States again …

9to5Mac 2024-01-18 Chance Miller

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@rsgnl Joe Rossignol on x
NEW from Masimo CEO Joe Kiani: “The Federal Circuit's decision to lift the temporary stay is a victory for the integrity of the American patent system and the safety of people relying on pulse oximetry. It affirms that even the largest and most powerful companies must respect th…
@zollotech Aaron Zollo on x
It seems Apple is getting worse with notes. With iOS 17.3 they tell us some of the new changes and that there are bug fixes. But they dont mention what they fixed specifically. They definitely should.
@ipfray @ipfray on x
The Federal Circuit has *lifted* the stay and thereby reinstated the Apple Watch import ban: ORDER filed denying [7] motion for stay pending appeal under Rule 8/18 filed by Apple Inc.; The interim stay shall be lifted as of 5:00 pm E.T. on January 18, 2024. (Per Curiam). 🧵1/2
@florian4gamers Florian Mueller on x
The appeals court doesn't elaborate on the reasons (just lays out the legal standard) to reinstate the Apple Watch ban *but* the specific mention of “the recent [Exclusion Order Enforcement] Branch ruling” (workaround) suggests they didn't get to the merits of the appeal itself. …
@florian4gamers Florian Mueller on x
@rsgnl They may do that, though the fact that they're prepared to do it could also persuade Masimo to settle. Masimo's leverage is limited, and even more limited (or next to zero) if Apple has a designaorund in the works that provides pulse oximetry but doesn't violate the import…
@masimo @masimo on x
Masimo announces the reinstatement of the import ban on infringing Apple Watches. Learn more: https://www.masimo.com/... [image]
@ipfray @ipfray on x
Apple secured clearance of a version of the Apple Watch without pulse oximetry and can now sell that one or try to get *another* Apple Watch cleared that might implement pulse oximetry without being banned. This was the analysis before this order: https://ipfray.com/... 🧵2/2
@rsgnl Joe Rossignol on x
Apple will likely move forward with selling the Series 9 and Ultra 2 without the Blood Oxygen app in the U.S., at least temporarily, to sidestep the sales ban, while it continues with its appeal.
@markgurman Mark Gurman on x
On @TheTerminal: The Apple Watch with blood oxygen has been banned again in the US, with a Federal Appeals Court denying Apple's motion for the watches to remain on the market for the length of the appeal. I expect Apple to pull the feature to avoid sales stoppage.
@luciascarlet &DAGGER; Lucia Scarlet on x
wonder if people are going to start reselling earlier batches of the Apple Watch Ultra 2 and Apple Watch Series 9 in the US at some insane markup since they'll actually keep the pulse oximeter feature (it'll only be removed from newly sold devices)
@rsgnl Joe Rossignol on x
Apple says the Blood Oxygen app will remain functional on all previously-bought Series 9 and Ultra 2 models, as expected.
@markgurman Mark Gurman on x
NEW: Apple says it will begin selling Apple Watch Ultra 2, Series 9 WITHOUT blood oxygen beginning Jan. 18. https://www.bloomberg.com/...
@markgurman Mark Gurman on x
Apple was prepared for the scenario in which they lost the appeal today, having already sent stores the watches without blood oxygen a few days ago. This preparation means that sales of the Apple Watch Ultra 2 and Series 9 won't need to be halted again - they'll just lose O2.
@markgurman Mark Gurman on x
Free idea for Apple: throw in a $10 pulse oximeter from Amazon with every new Apple Watch purchase.

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The US will ban the Apple Watch Series 9 and Ultra 2 with pulse oximetry again from January 18, after an appeals court denied Apple's request to pause the ban

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