Apple Watch 9 and Apple Watch Ultra 2 are currently unavailable in the U.S. online store due to a patent dispute. Today Apple has fully made the Apple Watch 9 and Apple Watch Ultra 2 unavailable as per the ITC order instructing Apple to stop selling these new Apple Watches. Apple has also removed refurbished Apple Watch Series 7 and Series 8 models from its website.
The dispute is related to blood oxygen monitoring feature in the Apple Watch cased by Masimo which is a medical device company. They have filed a case against Apple they claim that blood oxygen monitoring feature was patented by them and Apple has copied their blood oxygen monitoring technology. Due to this claim the ITC has ordered a ban on Apple Watches that come with the blood oxygen monitoring feature. Essentially, they claim that Apple has violated the blood oxygen sensor officially patented by Masimo.
Apple will fully stop the sales of Apple Watch 9 and Apple Watch Ultra 2 after December 24. Note that the sales will be banned in the U.S. only. Sales will be paused only in the United States and only at Apple’s own retail locations. Stores like Target, Walmart, and Best Buy can continue to sell the Apple Watch until supplies run out. Some people are confused that the Apple Watch SE is also banned. Let me clarify that this watch doesn’t come with blood oxygen monitoring technology, so it is not banned; it will remain in stock.
As of the reports, White House vetoes still have to review the order and have yet to give a decision. If the White House vetoes the import ban, then Apple will not be able to sell the Apple Watch 9 and Apple Watch Ultra 2 until there is a settlement between Apple and Masimo.
According to Apple Police research and reports, Apple has a plan to appeal, and the company also said that it is “pursuing a range of legal and technical options” to get the Apple Watch models back on store shelves as soon as possible.
According to Apple, they have appealed that a software fix will solve this problem. An Apple engineer said that they can update the function of the blood oxygen sensor through a software update, but it is unclear if an ITC will agree on the software fix.
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