Apple announced today that it will temporarily cease selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. later this week, due to an expected ban on some Apple Watch imports into the U.S. The halt of sales is related to the Cupertino firm’s ongoing patent dispute with medical tech company Masimo related to blood oxygen sensing.
In a statement shared with 9to5Mac, Apple said the Series 9 and Ultra 2 will no longer be available to purchase on Apple’s online store in the U.S. starting December 21 (after 12 p.m. Pacific Time), or from Apple retail stores in the U.S. after December 24. The devices will remain available to purchase in other countries.
The U.S. International Trade Commission (ITC) on Thursday ordered a ban on Apple Watch imports into the country. The ban follows a ruling by the ITC that Apple had violated pulse oximetry patents held by Masimo.
The ban follows a ruling by the ITC that Apple had violated pulse oximetry patents held by Masimo.
The ban is now subject to review by U.S. President Joseph Biden, who has until December 25 to review the order. Apple can appeal the ban in front of the U.S. Court of Appeals for the Federal Circuit after the 60-day review period ends. Presidents have rarely vetoed bans. In the meantime, Apple actively taking steps to comply should the ruling stand.
Apple said that it “strongly disagrees” with the ITC’s order and is “pursuing a range of legal and technical options” to ensure that availability of the Series 9 and Ultra 2 resumes in the U.S. as soon as possible.
Apple’s full statement:
A Presidential Review Period is in progress regarding an order from the U.S. International Trade Commission on a technical intellectual property dispute pertaining to Apple Watch devices containing the Blood Oxygen feature. While the review period will not end until December 25, Apple is preemptively taking steps to comply should the ruling stand. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24. The decision does not impact sales of the devices in other countries at this time.
Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. 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.
Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.
Masimo in 2020 claimed Apple stole Masimo employees and stole trade secrets while the Cupertino firm was developing the Apple Watch. Masimo was seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo said used its technology.
Apple did indeed hire employees away from Masimo, hiring Chief Medical Officer Michael O’Reilly in July 2013, and then in 2014, it hired Cercacor Chief Technical Officer Marcelo Lamego (Cercacor is a Masimo spinoff company). Masimo claims that the two former employees shared Masimo’s intellectual property when they developed the Apple Watch, which Apple denies.
In a statement today, Masimo said “The decision to exclude certain foreign-made models of the Apple Watch demonstrates that even the world’s most powerful company must abide by the law,” and it believes the ITC’s order should be respected.
