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If you were planning to buy a new Apple Watch this holiday season, you are running out of time. Apple is pausing the sale of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. These two smartwatches will not be available to purchase starting December 24. The reason behind this decision is a dispute between Apple and Masimo over the SpO2 sensor, which resulted in the International Trade Commission (ITC) imposing a ban.
Starting from 3 PM ET on December 21, the Apple Watch Series 9 and Ultra 2 models will not be available for purchase through the online store. However, the last day to pick up or get these models delivered from Apple’s retail stores is December 24.
“A Presidential Review Period is in progress regarding an order from the US International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature,” Apple told 9to5Mac in a statement. “While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24.”
The Apple Watch SE will continue to be sold since it does not come with a blood oxygen sensor. Also, the ban is only applicable in the US, so the Apple Watch Series 9 and Watch Ultra 2 will still be available for purchase outside of the US, including India.
Those who have already purchased an Apple Watch with the blood oxygen feature need not worry, as it will not affect their devices.
Apple’s patent ‘problem’ over its watches
In 2020, Masimo filed a lawsuit against Apple for stealing trade secrets and patent infringement. The company is well known for its pulse oximeters and claims itself to be the “inventor of modern pulse oximeters.” They also claimed that Apple infringed on 10 of their pulse oximeter patents during the launch of the Watch Series 6. The US International Trade Commission ruled that Apple violated one of Masimo’s patents and upheld the court’s ruling, which forced Apple to put a halt on the sale of Apple Watches.
Apple spokesperson Nikki Rothberg has provided a statement to 9to5Mac, in which she expresses the company’s strong disagreement with the order that has been issued. According to Rothberg, Apple is currently exploring a range of legal and technical options to ensure that the Apple Watch remains available to customers.
It is currently unclear how long the sales pause will last or whether the ITC import ban will be put into effect. US President Joe Biden has the authority to veto the order, but it is uncertain whether he will exercise this power. In the past, Apple has benefited from presidential vetoes, such as when former US President Barack Obama vetoed an ITC import ban on the iPhone 4 and certain iPad models in 2014. The presidential review period is scheduled to end on December 25.
“Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Rothberg added. Apple could choose to appeal to the federal court, if the order does not get vetoed.
Starting from 3 PM ET on December 21, the Apple Watch Series 9 and Ultra 2 models will not be available for purchase through the online store. However, the last day to pick up or get these models delivered from Apple’s retail stores is December 24.
“A Presidential Review Period is in progress regarding an order from the US International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature,” Apple told 9to5Mac in a statement. “While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24.”
The Apple Watch SE will continue to be sold since it does not come with a blood oxygen sensor. Also, the ban is only applicable in the US, so the Apple Watch Series 9 and Watch Ultra 2 will still be available for purchase outside of the US, including India.
Those who have already purchased an Apple Watch with the blood oxygen feature need not worry, as it will not affect their devices.
Apple’s patent ‘problem’ over its watches
In 2020, Masimo filed a lawsuit against Apple for stealing trade secrets and patent infringement. The company is well known for its pulse oximeters and claims itself to be the “inventor of modern pulse oximeters.” They also claimed that Apple infringed on 10 of their pulse oximeter patents during the launch of the Watch Series 6. The US International Trade Commission ruled that Apple violated one of Masimo’s patents and upheld the court’s ruling, which forced Apple to put a halt on the sale of Apple Watches.
Apple spokesperson Nikki Rothberg has provided a statement to 9to5Mac, in which she expresses the company’s strong disagreement with the order that has been issued. According to Rothberg, Apple is currently exploring a range of legal and technical options to ensure that the Apple Watch remains available to customers.
It is currently unclear how long the sales pause will last or whether the ITC import ban will be put into effect. US President Joe Biden has the authority to veto the order, but it is uncertain whether he will exercise this power. In the past, Apple has benefited from presidential vetoes, such as when former US President Barack Obama vetoed an ITC import ban on the iPhone 4 and certain iPad models in 2014. The presidential review period is scheduled to end on December 25.
“Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Rothberg added. Apple could choose to appeal to the federal court, if the order does not get vetoed.