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You can no longer buy an Apple Watch Series 9 or Apple Watch Ultra 2 from Apple’s online store in the United States. As previously announced, Apple has removed its flagship Apple Watch models in light of an ongoing patent dispute with medical device company Masimo.
9to5Mac broke the news of Apple’s plans to discontinue Apple Watch on Monday. The move comes after the ITC ruled in October that the Apple Watch’s blood oxygen feature infringes on two Masimo patents.
Apple Watch ban: Everything we know
The Apple Watch ban is officially set to go into effect on December 25, after the 60-day Presidential Review Period expires. During this 60-day window, President Biden could have stepped in and vetoed the ITC’s ruling, but has so far chosen not to act.
Apple says this is it “preemptively taking steps to comply should the ruling stand.” It is possible, though looking increasingly unlikely, that the Biden administration could step in and veto the ITC ruling at the eleventh hour.
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The next key dates for Apple’s continued battle with Masimo include:
- December 24: Apple will stop selling the Apple Watch Series 9 and Ultra 2 at its retail stores at the end of the day.
- December 25: The final day for the Biden administration to veto the ITC’s ban.
- December 26: Apple will file an appeal of the ITC’s final decision with the US Court of Appeals for the Federal Circuit.
As it stands right now, there are no further details on how long the Apple Watch will be unavailable in the United States. The ban only applies to the flagship Apple Watch Series 9 and Apple Watch Ultra 2. The Apple Watch SE will continue to be available.
Top comment by Tudor
But why doesn’t Apple just license the thing? It seems like it could save a lot of frustration.
For now, the devices will remain available for purchase from other outlets, including Amazon and Best Buy. Once existing supply from those retailers is exhausted, however, they won’t be able to re-stock.
On its website, Apple has removed the blood oxygen section from the Apple Watch comparison page. “Following December 24, 2023, Apple no longer sells Apple Watch units in the United States with the ability to measure blood oxygen,” the company says.
Apple has promised that it will continue working to return the Apple Watch Series 9 and Apple Watch Ultra 2 to store shelves. The company is reportedly exploring a software change that could allow it to circumvent the two Masimo patents, but there’s no timeline on when that fix could be ready. There’s also no indication that a software fix would be enough to satisfy the ITC and Masimo.
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