The Apple Watch Series 9 and Ultra 2 are banned from sale in the United States over Apple’s long-running patent dispute with Masimo, a technology company.
Apple is forced to make this move after the International Trade Commission (ITC) in October 2023 found that Apple infringed on two patents held by Massimo, which cover pulse oximeter technology the Apple Watch Series 9 and Ultra 2 use to measure the saturation of oxygen carried in your red blood cells.
The sensor first debuted with the Apple Watch Series 6 in 2020. The second-generation Apple Watch SE is excluded from ITC’s ban because it lacks the sensor. Any already-sold units with blood oxygen monitoring will continue to function without change. Only new sales of the Apple Watch Series 9 and Ultra 2 are banned.
Why is Apple pausing sales of the Apple Watch Series 9 and Ultra 2 in the US?
These models will no longer be available to order from Apple’s US web store after 3pm ET on Thursday, December 21. In-store inventory will no longer be available from Apple’s retail locations after December 24. ITC’s order makes an exception for the service, repair or warranty period of units sold prior to December 25.
The news was first reported by 9to5Mac.
Apple has confirmed to the press that it will be halting sales of the Apple Watch Series 9 and Ultra 2 in the United States later this week. The company will oppose the ruling and take measures to return the pulled watch models in the United States.
Here’s the company’s statement to the press:
A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. 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.
Again, the ban does not affect other sales channels which will continue carrying the latest Apple Watches, like independent retailers, Amazon.com, etc.
Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.
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.
Here’s the thing. If the order stands and Apple is forced to stop watch sales in the US, we imagine Apple will come to its senses and sign a contract with Masimo’s to license its technology in the Apple Watch. It would be much cheaper than the losses incurred by lost sales. The sooner Apple’s legal sharks realize this, the better.
Masimo dragged Apple to court because it believes the iPhone maker has violated five of its patents related to the Apple Watch’s pulse oximeter feature. Masimo alleges Apple violated the five named patents in as many as 130 instances. However, the ITC only found Apple infringing on two Masimo patents aimed in the suit.