Yesterday, December 21, Apple lost a decisive appeal after the International Trade Commission refused to delay the ban on the sales of Apple Watch Series 9 and Apple Watch Ultra 2. These two smartwatches were banned in the US after ITC ruled in favor of Masimo in the patent dispute involving a SpO2 (blood oxygen) sensor used by Apple. As per the ruling, Apple has now removed both of the products from its US online stores and they are no longer available to purchase. The smartwatches are still available in-store and through third-party retailers, but only till the existing stock lasts.
When visiting the Apple online store in the US, the website listing for the Apple Watch Series 9 and Apple Watch Ultra 2 says that the products are “currently unavailable”. Alongside, the company also removed refurbished Apple Watch Series 7 and Series 8 models from its website. This is because the disputed technology made its debut with the Apple Watch 6 and has been featured on all flagship smartwatches by the company. The Apple Watch SE is the only one without this sensor and it is currently available to buy online.
On Monday, Apple shared a statement with 9to5Mac stating, “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 ITC ban comes into full effect on December 26,
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