The Apple Watch Series 9 and Ultra 2 will not be available for purchase on December 21 after 3 PM ET. December 24 is the last day to pick up or have these models delivered from Apple's retail locations. The cause? The business claims that, in response to a patent dispute with medical device manufacturer Masimo over its SpO2 sensor, it is going to proactively comply with an ITC import ban.
9to5Mac broke the story first, and Apple told The Verge that it was true. Only the flagship Series 9 and Ultra 2 versions are impacted by the prohibition. The Apple Watch SE is unaffected because it lacks the SpO2 sensor. Additionally, earlier Apple Watch models equipped with a blood oxygen sensor won't be affected. Additionally, only sales of the Series 9 and Ultra 2 within the US are affected by the ITC restriction; international sales of the watches are unaffected.
Over the past three years, Apple and Masimo have been embroiled in a bitter patent fight. Masimo's pulse oximeter is their most well-known product. Masimo claimed that Apple had infringed on its pulse oximetry technology in two different lawsuits, one filed with the ITC and the other with the US District Court for the Central District of California. The latter is the reason behind this specific import prohibition.
Apple "strongly disagrees" with the ruling, according to a statement given to The Verge and 9to5Mac, and the company is "pursuing a range of legal and technical options to ensure that Apple Watch is available to customers."
It's unclear at this time if the ITC import ban will remain in effect. President Joe Biden will have the chance to veto the prohibition during its current presidential review period. Though Apple has benefited from them in the past, presidential vetoes are rare. An ITC import prohibition on the iPhone 4 and some iPad devices was vetoed in 2013 by then-President Barack Obama. Nevertheless, Biden opted to support a different ITC decision that would prohibit the importation of Apple Watches due to its EKG feature. We'll have to wait and see if anything changes between now and December 25th, when the presidential review period finishes.
Apple "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, should the order stand," according to Rothberg. That would probably involve a Federal Circuit appeal.
Bloomberg revealed on Monday night that Apple is developing software updates to improve the Apple Watch's oxygen saturation measurement and reporting. Additionally, Apple disclosed to Bloomberg that it intends to provide the ITC with a solution.
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