At the core of the pause, effective in part from December 21, is a disagreement concerning the patent for the blood-oxygen sensor in the two latest Apple Watch 9 and Watch Ultra 2 models.
Apple is temporarily halting sales of the Apple Watch Series 9 and Watch Ultra 2 due to a potential ban by the US International Trade Commission. This pause is a result of an ongoing dispute over a patent related to the blood-oxygen sensor technology in these new Watch models.”
According to 9to5Mac, Apple.com sales will temporarily halt from 3 pm Eastern on December 21, with in-store inventory unavailable from December 24. The ITC’s potential ban solely impacts Apple, allowing continued sales through retailers like Amazon and Best Buy. Additionally, the proposed ban applies exclusively to watch imports into the United States, ensuring availability in other countries remains unaffected.
The pause stems from an ongoing legal dispute with medical tech firm Masimo. Following Masimo’s 2021 lawsuit, alleging Apple’s infringement on a blood-oxygen monitoring patent, a judge and the ITC upheld the violation in October. This triggered a 60-day presidential review, set to end on December 25, prompting Apple to proactively address compliance. Apple’s potential solutions include federal court appeals or a settlement with Masimo, potentially involving deactivating blood-oxygen sensing features. Post the December 25 review, further details about the future of Watch 9 and Ultra 2 will likely emerge
It’s uncommon for companies to successfully halt a competitor’s smartwatch sales through patent infringement claims, given the similarity of many devices. In 2016, Fitbit attempted this against Jawbone but dropped the case due to Jawbone’s limited market presence. Witnessing this now with Apple, a global giant, is truly remarkable. The ban doesn’t impact the Watch SE or models predating Series 9, ensuring availability of the Apple Watch Series 7 and 8. Apple’s affordable entry-level option, the Watch SE, remains unaffected, holding our top recommendation.
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