December 21 update below. This article was first published on December 18, 2023.
Apple is about to stop selling two smartwatch models, the Apple Watch Ultra 2 and Apple Watch Series 9 in the U. S. If you buy one before the holidays, you need to act fast. Here’s everything you want to know.
The explanation is what Apple describes as a firm order and litigation. It’s a long-running dispute over intellectual assets with medical generation company Masimo over the generation of the Apple Watch’s blood oxygen sensor, a case Apple has lost, at least for now. The company had never taken Apple Watches off the shelves before.
The story was first reported via 9to5Mac when Apple issued a statement, which I also received.
Withdrawing a product from sale is a drastic step, and Apple is taking preventative action due to an order from the International Trade Commission related to Apple Watches with blood oxygen tracking capability.
Apple begins: “An era of presidential review is underway in connection with an order from the US International Trade Commission related to a technical intellectual asset dispute related to Apple Watch devices containing the Blood Oxygen feature Although the review era may not end until December 25, Apple is taking preventative measures to comply if the resolution stands.
This week, apple. com sales of Apple Watch Series 9 and Apple Watch Ultra 2 will end at 3 p. m. ET on Thursday, December 21. In-store purchases or online order pickup in apple. com will be prevented at the End of the Day on Sunday, December 24.
No. It’s two of the three models that Apple currently sells, excluding its certified refurbished products, which are mostly restricted to some Series 8 models. The third main offering, Apple Watch SE, is unaffected because it doesn’t have the blood oxygen monitoring at the heart of the dispute, a feature Apple introduced with Series 6. Apple Watches with blood oxygen monitoring that have already been sold are not affected, either, they’ll continue to work as they should.
No, these are only U. S. sales. and Apple. You can still buy it on other resources such as Amazon, while supplies last.
It seems unlikely, and Apple is describing it as a pause. The Presidential Review Period ends on December 25, so if the Biden administration decides to strike down the ruling, then sales can begin again, though it’s not clear how soon. This would be a good result for Apple, but it seems unlikely, though not impossible. Apple could appeal, or settle with Masimo.
Whatever the result of the Presidential Review Period, this is serious stuff. In short: if you want an Apple Watch with blood oxygen monitoring, time is running out.
Apple continued: “Apple does not agree with the order and is pursuing a variety of legal and technical features to ensure that the Apple Watch is available to consumers. If the order is upheld, Apple will continue to take all necessary steps to return Apple Watch Series Nine and Apple Watch Ultra 2 to US consumers as soon as possible.
Updated December 21. Time is up. Well, almost. Apple Watch Ultra 2 and Apple Watch Series 9 Apple. com sales will be “paused” starting at 3 p. m. You can still buy the Apple Watch SE without restrictions, and you can buy the Ultra 2 and Series 9 in-store until the games close on Sunday, December 24. And other stores like Amazon, Walmart and Best Buy aren’t affected, for now, at least.
As reported by The Verge, the U. S. International Trade Commission (ITC) has been working on the U. S. Department of Defense. The U. S. Department of Homeland Security denied a request through Apple to suspend the ban while it appealed. The ITC submission was filed on Wednesday, December 20. It reads as follows: “For the reasons set forth in the Commission’s report published herein, the Commission has made the decision to deny Apple’s request to suspend the Corrective Orders pending appeal and/or in view of a conceivable government shutdown, and has done so without relying on the documents that the plaintiffs have requested from the Commission in order to make judicial decisions. notice.
Another thing: The 8 Series, which also includes the blood oxygen sensor, the use of which Masimo says violates its patents, is also sold by Apple as a refurbished device. Sales will also stop.
Apple is believed to be racing to implement a software fix which avoids patent infringement, though this will take time. It could also reach a settlement with Masimo, but there’s no sign of that yet. In fact, the language has been far from cordial, with Masimo CEO Joe Kiani saying, “These guys have been caught with their hands in the cookie jar.” Kiani also said that Masimo would settle with Apple but wouldn’t say how much it would take to make that happen, adding, “They haven’t called. It takes two to tango.”