The Apple Watch Series 9 and Apple Watch Ultra 2 are embroiled in an ongoing ITC situation, which briefly barred the devices from being sold in the United States last month. This comes after the ITC ruled that the Apple Watch’s blood oxygen sensor infringes on two patents held by medical device company Masimo.
As it stands right now, Apple is still selling the Apple Watch Series 9 and Ultra 2 in the United States, but with the blood oxygen features disabled due to the ITC ruling.
Can I still buy an Apple Watch with blood oxygen features from other retailers?
Yes, for the time being, you can still buy an Apple Watch Series 9 and Apple Watch Ultra 2 from third-party retailers like Best Buy and Amazon, and they will still have the blood oxygen app and features.
The ITC’s decision only impacts Apple’s ability to sell the Series 9 and Ultra 2 via its online store and retail stores.
January 18, 2024:
Apple officially begins selling the Apple Watch Series 9 and Ultra 2 without the blood oxygen features. This change does not impact anyone who already owns an Apple Watch with the blood oxygen features. It also only applies in the United States.
“Apple Watch Series 9 and Ultra 2 no longer include the Blood Oxygen feature,” reads the banner applied to the checkout flow for both model watches on Apple’s website.
Apple continues its appeal of the initial ITC ruling. The company says this process could take over a year. It’s unclear if any interim solution will be reached that allows Apple to begin selling the Apple Watch Series 9 and Ultra 2 with the blood oxygen features.
Jan 18, 2024 – 7:56 am PT: How Apple is informing customers about the modified Apple Watch Series 9 and Ultra 2
Jan 18, 2024 – 4:16 am PT: How to find out if an Apple Watch Series 9 model has the blood oxygen feature available
January 17, 2024:
The US appeals court denies Apple’s request to pause the ban for the duration of its appeal of the ITC’s ruling. The US appeals court says Apple Watch Series 9 and Apple Watch Ultra 2 with blood oxygen features will be banned from sale in the United States again, effective 5:00 pm ET on January 18, 2024.
Apple responds and says it will continue selling the devices with the blood oxygen features disabled.
Jan 17, 2024 – 5:31 pm PT: Apple to sell Apple Watch Series 9 and Ultra 2 without the blood oxygen feature
Jan 17, 2024 – 11:46 am PT: Apple Watch Series 9 and Ultra 2 sales ban resumes tomorrow, appeals court rules
January 15, 2024:
U.S. Customs and Border Protection rules that Apple’s redesign falls outside the scope of the ITC ruling. Apple’s redesign, however, is to remove the pulse oximetry features from newly sold devices.
This means that U.S. Customs has found the Apple Watch Series 9 and Ultra 2 do not infringe on Masimo patents so long as they don’t “contain pulse oximetry features.”
For now, Apple will continue to sell the Apple Watch Series 9 and Apple Watch Ultra 2 with pulse oximetry features. Meanwhile, we still await the decision from the US appeals court on Apple’s request to pause the Apple Watch ban throughout the entire duration of the appeals process.
Jan 15, 2024 – 12:06 pm PT: Apple readies Apple Watch Series 9 ban workaround by disabling blood oxygen functionality
January 10, 2024:
The ITC voices its opposition to Apple’s request to pause the Apple Watch sales ban throughout the duration of its appeal of the initial ITC decision.
Jan 10, 2024 – 2:28 pm PT: ITC files opposition to Apple’s request to stay Apple Watch sales ban: ‘Apple presents a weak and unconvincing case’
December 28, 2023:
The Apple Watch Series 9 and Apple Watch Ultra 2 return to Apple’s Online Store after a week of unavailability.
Dec 28, 2023 – 8:12 am PT: Apple Watch Series 9 and Ultra 2 return to Apple Online Store after a week of unavailability
December 27, 2023:
Apple’s appeal for a pause of the Apple Watch ban was granted thanks to the US appeals court. The pause runs through January 10. Apple has also submitted a software update that it believes will resolve the issue, but a decision on whether that software fix adequately addresses the two patents won’t be made until January 12.
Dec 27, 2023 – 2:30 pm PT: Apple Watch Series 9 and Ultra 2 returning to select Apple Stores today, online tomorrow
Dec 27, 2023 – 9:06 am PT: Apple Watch ban temporarily halted thanks to US appeals court
Dec 27, 2023 – 5:30 am PT: Here’s Apple’s full appeal of the ITC ruling
December 26, 2023:
The Biden Administration formally announced its decision to uphold the ITC’s ruling, officially banning Apple from selling the Apple Watch Ultra 2 and Apple Watch Series 9 in the United States.
In a statement to 9to5Mac, Apple reiterated that it strongly disagrees with the ITC’s decision and is working on every possible solution to bring the devices back to the market. The company also formally filed an appeal.
Dec 26, 2023 – 11:32 am PT: AliveCor praises ITC for Apple Watch ban in the US as it still disputes with Apple
Dec 26, 2023 – 6:28 am PT: Apple says it ‘strongly’ disagrees with Apple Watch ban, working on technical and legal solutions to bring the devices back to market
Dec 26, 2023 – 3:56 am PT: Biden administration decides not to overturn Apple Watch sales ban in the US
December 24, 2023:
At the end of the business day, Apple halted retail sales of the two flagship Apple Watch models in question. The company instead will focus on the Apple Watch SE as the ITC case continues to play out.
Dec 24, 2023 – 3:26 pm PT: Apple Watch Series 9 and Ultra 2 officially unavailable in the US as retail sales halt begins
December 22, 2023:
Dec 22 2023 – 4:10 am PT: Apple Watch ban may not be the last, warns Stanford law professor
December 21, 2023
The Apple Watch Series 9 and Apple Watch Ultra 2 are removed from Apple’s website in the United States. We also learned more details about how the ban impacts Apple’s ability to service and replace damaged devices.
Dec 21, 2023 – 12:36 pm PT: Here’s how the Apple Watch ban will impact your ability to get your device repaired or replaced
Dec 21, 2023 – 11:58 am PT: Apple Watch Series 9 and Ultra 2 no longer available from Apple’s website
December 20, 2023:
The ITC denied one of Apple’s last-ditch attempts to have the Apple Watch ban delayed.
Dec 20, 2023 – 1:26 pm PT: ITC denies Apple’s request to delay looming Apple Watch ban
December 19, 2023:
The White House confirmed that it was monitoring the situation and that Katerine Tai, the United States Trade Representative, was “carefully considering all of the factors in this case.”
Masimo CEO Joe Kiani reiterated that the company is open to a settlement with Apple, but that Apple would have to come to the table for negotiations to even begin.
Dec 19, 2023 – 1:15 pm PT: White House ‘tracking’ Apple Watch ban as Masimo CEO open to settlement
Dec 19 2023 – 5:39 am PT: 2023 Apple Watch models could yet remain on sale – four potential solutions
December 18, 2023:
9to5Mac broke the news about Apple’s plans to preemptively halt Apple Watch sales via its online and retail stores. Bloomberg reported that Apple engineers are scrambling to develop a software workaround that would circumvent the two Masimo patents at the heart of this case.
Dec 18, 2023 – 4:04 pm PT: Apple developing possible software workaround in response to Apple Watch ban
Dec 18, 2023 – 6:00 am PT: Apple to halt Apple Watch Series 9 and Apple Watch Ultra 2 sales in the US this week
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