Apple will preemptively remove the Watch Series 9 and Watch Ultra 2 from its U.S. stores this week to comply with an ITC ruling related to a patent dispute with Masimo. The ruling bans Apple from selling the Watch Series 9 and Watch Ultra 2 in the US on its website after 3pm ET on December 21 and in stores on December 24.
The ruling concerns Apple using technology from medical device maker Masimo in the two watches’ SpO2 (blood oxygen) sensors. Apple spokeswoman Nikki Rothberg says Apple “strongly disagrees” with the order and is “pursuing a number of legal and technical options” to keep the two devices on store shelves.
Masimo has filed two lawsuits against Apple: one in the US District Court and another in the ITC. It is now up to US President Joe Biden to decide whether to maintain the ban or veto it, a rare event. In 2013, then-President Barack Obama vetoed the ITC’s import ban on the iPhone 4, although President Biden previously upheld an ITC ruling against the Apple Watch over its ECG function.
The ruling does not affect the units sold so far: they will work perfectly and receive full technical support. The ruling also doesn’t apply to units currently in stock at Apple partners like BestBuy and Amazon, though Apple won’t be able to supply additional units after December 25.
The ban only applies to Watch Series 9 and Watch Ultra 2 models in the US – no older models or models outside the US are affected.
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