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Apple has decided to stop selling its popular Apple Watch Series 9 and Apple Watch Ultra 2 models in the United States. As a result, these sought-after gadgets will no longer be available to purchase from the esteemed tech company online or at retail outlets starting December 21 and December 24, 2023, respectively.
Importantly, this action has been taken in response to an ITC ruling that emerged as a result of an ongoing patent dispute between Apple and medical technology corporation Masimo, specifically about the blood oxygen sensor technology within the Apple Watch.
This article will delve into this matter and explain the ongoing situation.
Apple will halt Apple Watch Series 9 and Apple Watch Ultra 2 sales in the US starting this week
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The Apple Watch Ultra 2 and Apple Watch Series 9 will not be up for grabs on Apple's website in the United States after 3 pm ET on Thursday, December 21, 2023. Furthermore, the stock in physical stores will also cease to exist after December 24, 2023.
Apple is currently being accused of infringing upon a patent held by Masimo, a company that makes medical technology. The allegations stem from a meeting that took place ten years ago (2013), where the two companies convened to explore potential opportunities for collaboration. However, Masimo now asserts that the true motive behind this encounter was for Apple to gather information about the specific functionalities and workforce they could potentially employ.
Apple took the initiative to recruit several employees from Masimo before the initial launch of the Apple Watch. Following this, the company went on to introduce the blood oxygen sensor, which is currently at the center of a contentious debate. It is worth noting that this technology was developed by Masimo.
In 2020, Masimo took legal action against Apple, initiating a lawsuit and seeking an injunction to halt the sale of all Apple Watch devices that incorporated the disputed technology. A judge examined the case and determined that Apple had indeed violated certain regulations.
Consequently, the ruling was forwarded to the ITC (International Trade Commission) for further consideration. Currently, it rests in the hands of President Biden, who is conducting a thorough review period that will last 60 days.
While there is a possibility of President Biden vetoing the ruling, it is worth noting that Christmas Day marks the conclusion of this review period, and thus far, no such veto has occurred. As a result, Apple is now preparing itself to fully comply with the ban imposed upon them.
What's next for the Apple Watch Series 9 and the Apple Watch Ultra 2?
Significantly, the ban solely pertains to Apple's ability to sell these watches, meaning the Apple Watch Series 9 and the Apple Watch Ultra 2 will still be accessible through other retailers. Secondly, the ban exclusively applies to devices that feature blood oxygen monitoring capabilities. As a result, models such as the Apple Watch SE remain unaffected and can still be obtained.
Importantly, the ban doesn't just stop the company from bringing in the watches. It also stops them from transferring the devices to the stores that are currently selling them at discounts. As a result, there will most likely be a shortage of watches in stores. Meanwhile, any watches with the blood oxygen sensor that have already been sold will not be impacted by this ban.
Currently, there is no information about when, if at all, the Apple Watch Ultra 2 and Apple Watch Series 9 will be back in stock. The Biden administration might intervene and reject the ITC exclusion. However, if the ITC's decision is confirmed, things could pan out in different ways moving forward.
However, one possibility is to engage in discussions with Masimo, where they could explore the potential for reaching a settlement and coming to a licensing agreement.
Another approach the tech giant can take is to try and find alternative solutions that do not infringe upon the two patents held by Masimo. For instance, they could consider making firmware adjustments to the Apple Watch Series 9 and Apple Watch Ultra 2 software as a means of designing around these patents.
Apple has not yet made any announcements about its plans, though. According to the company, more information will be released following the conclusion of the Presidential Review Period.
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