Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store

[MacRumors]

As promised, Apple today stopped selling the Apple Watch Series 9 and Apple Watch Ultra 2 in its online store in the United States, with the devices pulled from sale just days ahead of when an Apple Watch import ban goes into effect. When attempting to purchase an Apple Watch Series 9 or Apple Watch Ultra 2 to the online store, the devices say "currently unavailable." Apple has also removed refurbished Apple Watch Series 7 and Series 8 models from its website.

Apple on Monday said that it would need to pause sales of the Apple Watch Series 9 and the Apple Watch Ultra 2 in order to comply with an International Trade Commission order preventing components related to the Apple Watch blood oxygen monitoring technology from being imported into the United States. The ITC made the ruling after deciding that the Apple Watch blood oxygen sensor violates patents owned by medical device company Masimo.

The Apple Watch is still available for purchase from Apple's retail stores, but Apple will stop store sales after December 24. Sales will be paused only in the United States and only at Apple's own retail locations. Third-party stores like Target, Walmart, and Best Buy can continue to sell the Apple Watch until supplies run out. Apple will be able to sell the Apple Watch SE, as it does not have a blood oxygen sensor.

Apple could reinstate sales if the White House vetoes the import ban, and it has until December 25 to review the order and decide whether to intervene. If the White House does not veto the import ban, Apple will not be able to sell the Apple Watch until it removes the infringing technology.

Apple is planning to appeal as soon as it can on December 26, and the company said it is "pursuing a range of legal and technical options" to get the Apple Watch models back on store shelves as soon as possible.

Apple believes that a software fix might be enough to mitigate the problem, and Apple engineers are adjusting how oxygen saturation is determined and how the data is provided to customers. Apple said that it is working to submit a workaround to US Customs to get the ban lifted, but it is unclear if a software fix will be sufficient because the patents in question pertain to the hardware.

Article Link: Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store

 

[abatabia]

Really just a wild turn of events.

 

[adamw]

There they go! Now you see them, now you don't!

 

[lkrupp]

But retailers like Best Buy, Amazon, Target, B&H can still sell them until their inventory runs out.

 

[Apollo68]

Would it really have been so hard for apple to enter into a license agreement prior to putting these on the market?

 

[grantishere]

Just pay the patent. It will save months of trouble.

 

[blcamp]

I upgraded my old S6 to an S9 back in October, and I've been very pleased with it. I don't know whether this is truly a legitimate complaint of IP theft or more of a typical troll suit; but whatever the truth is, I hope the case is resolved. I also hope Apple doesn't end up having to disable or bypass portions of the hardware just because of some foolishness being argued in court.

 

[Asarien]

I wish this would humble Apple a bit. But it won't.

 

[jz0309]

this dispute has been going on for over 2 years, the ITC reached their decision eo Oct and here we are ... apple is not looking good in all of this.

 

[Nimrad]

Would it really have been so hard for apple to enter into a license agreement prior to putting these on the market?

I guess at this point it’s about finding a fair agreement. I would assume the patent holder would try to get an outrageous amount of money out of this.

 

[Apple Fan 2008]

Well, this sucks. Hopefully it gets resolved by Q1 2024.

 

[Apollo68]

I guess at this point it’s about finding a fair agreement. I would assume the patent holder would try to get an outrageous amount of money out of this.

I mean, it certainly won't be as favorable to apple now. Masimo has a much better hand at this point, as they just won a court case. If Apple had gone to Masimo to try to negotiate before this, they probably could have gotten a better deal.

 

[DBZmusicboy01]

Greed is the downfall of humanity.

 

[Apollo68]

I upgraded my old S6 to an S9 back in October, and I've been very pleased with it. I don't know whether this is truly a legitimate complaint of IP theft or more of a typical troll suit; but whatever the truth is, I hope the case is resolved. I also hope Apple doesn't end up having to disable or bypass portions of the hardware just because of some foolishness being argued in court.

Definitely not a patent troll case. Masimo produces and sells medical products. Patent trolls are entities that purchase and hold patent portfolios with the intention of engaging in litigation.

 

[turbineseaplane]

Good

Stop stealing IP Apple

 

[Andres Cantu]

Quite embarrassing for a 3 trillion dollar company.

Then again, they’ve been through other things like the Apple Maps debacle and throttlegate.

 

[truthsteve]

I find it super hilarious the same people who want Apple to fall are complaining about not being able to service existing customers.

This is like complaining why doesn't Apple just pay the patent license but also complaining about why Apple products are rising in costs.

Embarrassing customers.

 

[Nimrad]

I mean, it certainly won't be as favorable to apple now. Masimo has a much better hand at this point, as they just won a court case. If Apple had gone to Masimo to try to negotiate before this, they probably could have gotten a better deal.

Yeah, that’s right. But I’m betting they didn’t expect this. They took a calculated risk and failed.

 

[JosephAW]

Apple will find a better way to do it

 

[Skevaboy]

As promised, Apple today stopped selling the Apple Watch Series 9 and Apple Watch Ultra 2 in its online store in the United States, with the devices pulled from sale just days ahead of when an Apple Watch import ban goes into effect. When attempting to purchase an Apple Watch Series 9 or Apple Watch Ultra 2 to the online store, the devices say "currently unavailable."

Apple on Monday said that it would need to pause sales of the Apple Watch Series 9 and the Apple Watch Ultra 2 in order to comply with an International Trade Commission order preventing components related to the Apple Watch blood oxygen monitoring technology from being imported into the United States. The ITC made the ruling after deciding that the Apple Watch blood oxygen sensor violates patents owned by medical device company Masimo.

The Apple Watch is still available for purchase from Apple's retail stores, but Apple will stop store sales after December 24. Sales will be paused only in the United States and only at Apple's own retail locations. Third-party stores like Target, Walmart, and Best Buy can continue to sell the Apple Watch until supplies run out. Apple will be able to sell the Apple Watch SE, as it does not have a blood oxygen sensor.

Apple could reinstate sales if the White House vetoes the import ban, and it has until December 25 to review the order and decide whether to intervene. If the White House does not veto the import ban, Apple will not be able to sell the Apple Watch until it removes the infringing technology.

Apple is planning to appeal as soon as it can on December 26, and the company said it is "pursuing a range of legal and technical options" to get the Apple Watch models back on store shelves as soon as possible.

Apple believes that a software fix might be enough to mitigate the problem, and Apple engineers are adjusting how oxygen saturation is determined and how the data is provided to customers. Apple said that it is working to submit a workaround to US Customs to get the ban lifted, but it is unclear if a software fix will be sufficient because the patents in question pertain to the hardware.

Article Link: Apple Watch Series 9 and Apple Watch Ultra 2 No Longer Available From U.S. Online Store

They can still be bought at Best Buy, Walmart, Target, Amazon etc.....

 

[Apollo68]

I find it super hilarious the same people who want Apple to fall are complaining about not being able to service existing customers.

This is like complaining about right to repair but also complaining about why Apple products are rising in costs.

this has nothing to do with right to repair, which is super important, but rather a case of patent infringement. Apple's costs would almost certainly been lower had they negotiated an agreement with the company who holds the patent, but instead they screwed themselves here.

 

[Student of Life]

I mean, it certainly won't be as favorable to apple now. Masimo has a much better hand at this point, as they just won a court case. If Apple had gone to Masimo to try to negotiate before this, they probably could have gotten a better deal.

Im not sure where winning the court case comes in since it was declared a mistrial and 6 out of the 7 jury members sided with apple. This will be appealed and who knows what happens then.

 

[truthsteve]

this has nothing to do with right to repair

it was an analogy. I edited to give a better one anyways.

 

[Apollo68]

Im not sure where winning the court case comes in since it was declared a mistrial and 6 out of the 7 jury members sided with apple. This will be appealed and who knows what happens then.

considering that there is an ITC import ban, I think it is safe to say that Masimo is currently "winning."

 

[The-Real-Deal82]

I guess at this point it’s about finding a fair agreement. I would assume the patent holder would try to get an outrageous amount of money out of this.

Hopefully they do. A lot of effort goes into protecting IP, not to mention the continued filing fees. A company like Apple comes along and thinks their brand is powerful enough to ignore patents and I really hope they pay for their arrogance.