Apple Stops Sales Of Apple Watch Series 9 And Ultra 2 In The US Due To Patent Disputes With Masimo

Apple will no longer sell Apple Watch Series 9 or Ultra 2. (photo: x @Dexerto)

Apple announced that after 3 p.m. US Eastern time on December 21, it would no longer sell the Apple Watch Series 9 or Ultra 2. The last day for the pickup or delivery of these models from Apple's retail store was December 24. Apple stated that this was done as a precautionary measure to comply with the ITC import ban following a patent dispute with medical device maker, Masimo, regarding its SpO2 sensor.

This news was first reported by 9to5Mac, and Apple confirmed the information to The Verge. The ban only affects the flagship models Series 9 and Ultra 2. Since Apple Watch SE does not have a SpO2 sensor, this model remains unaffected.

Previous models from Apple Watch with blood oxygen sensors will also not be affected. The ITC import ban also only affects sales of Series 9 and Ultra 2 in the US the watch will still be available for sale overseas.

Patent disputes between Apple and Masimo have been a complicated issue over the past few years. Masimo is best known for its pulse oximeter. Masimo filed two separate cases one with the US District Court in the California Central Region and the second with ITC where claims that Apple violated its pulse oximetry technology.

In a statement given to 9to5Mac and The Verge, Apple spokeswoman Nikki Rothberg said that Apple " strongly disagrees" with the order and is "chasing various legal and technical options to ensure that Apple Watch remains available to customers."

It is currently unclear whether the ITC import ban will last. It is currently undergoing a presidential review period, and US President Joe Biden will have the opportunity to reject the ban. Although rare, the previous president's veto has benefited Apple.

In 2013, former US President Barack Obama rejected the ban on ITC imports of the iPhone 4 and several iPad models. Even so, Biden chose to maintain another ITC decision that would ban imports of Apple Watch related to the EKG feature. The president's review period ended on December 25, so the public should see if there was any change between now and then.

"If the order remains in effect, Apple will continue to take all measures to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible," Rothberg said. This is likely to involve an appeal at the Federal Circuit.