Following the ITC’s ruling to halt the models’ sales, the business discontinued the models.
The Apple Watch Series 9 and the Ultra 2 are no longer available for purchase through Apple’s online shop, and on December 24th, they will also be removed from the company’s physical stores. Here’s why.
Why is the Apple Watch prohibited?
Following an order from the US International Trade Commission (ITC) to cease selling the watch models in the US, Apple removed the models from its website.
After supporting the medical technology company Masimo in its lawsuit against Apple in 2021 over alleged patent infringement related to five different light-based blood oxygen monitoring patents, the ITC issued the Apple Watch ban. In October, the ITC upheld a judge’s decision from earlier this year that found Masimo’s patents were infringed upon by the Apple Watch. Both affected models have the feature, but older models that have the capability are exempt from the sales ban. Apple began offering blood oxygen monitoring with the Watch Series 6.
The US Trade Representative is reviewing the ITC’s decision and may decide to disapprove it for policy reasons. The ITC had upheld a judge’s previous ruling from earlier this year that Apple did violate Masimo’s patents. Apple is appealing the decision and attempted to persuade the commission to pause the ban until it is completed, but the ITC denied the request, meaning the ban will proceed unless the president intervenes and vetoes the order.
In 2020, Masimo filed a lawsuit against Apple alleging trade secret theft, claiming the latter employed multiple Masimo workers and utilized their product expertise to create the Apple Watch’s blood oxygen monitoring feature. The lawsuit is still pending.
How is Apple addressing this?
The import ban will not take effect until December 26, and the Presidential Review Period is currently ongoing until December 25. Apple previously told Engadget that it is removing the watch models from its websites on December 21 and from its retail outlets on December 24 as a preemptive measure should the ruling stand.
“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,” the company stated earlier this month. “Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features,” the company continued. “We will continue to take all necessary steps to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible.”
However, if neither the president nor the US Trade Representative overturns the ban, the firm may have to wait for the outcome of its appeal. In 2022, Apple itself filed two patent infringement cases against Masimo, alleging that the latter released a wristwatch that copied the features of Apple watches.
The company’s CEO has stated he is open to a financial settlement, but he told Bloomberg that Apple has not tried to negotiate an agreement. Bloomberg also reports that Apple is working on a software update that it believes will resolve the ITC dispute. Apple and Masimo could also reach an agreement, which most likely means money will be changing hands.
Now, how can I purchase an Apple Watch?
If you are wanting to purchase one of the affected models this holiday season, third-party merchants will still carry the earlier models from the company, as well as the Apple SE, which is devoid of a blood oxygen monitor.
Retailers will only be able to sell through their current inventory as a result of the Apple Watch import ban, which goes into effect on December 26. If a reputable retailer like Amazon, Best Buy, Target, or Walmart is out of stock, your best option is to wait for this mess to be resolved or use it as an excuse to travel to Canada or Mexico.