Apple Watch Series 9 and Ultra 2 Face U.S. Ban Over Blood Oxygen Feature

Apple is set to withdraw the Apple Watch Series 9 and Ultra 2 from sale this week in response to an import ban imposed by the International Trade Commission (ITC). The move is a preemptive measure following a patent dispute with medical device manufacturer Masimo concerning the SpO2 sensor.

Effective from 3 PM ET on December 21st, the Apple Watch Series 9 and Ultra 2 will no longer be available for purchase. The final day for in-store pickup or delivery from Apple's retail outlets is December 24th. The import ban is a consequence of the ongoing legal battle with Masimo over the SpO2 sensor, prompting Apple to take this action to comply with the ITC's decision.

Initially reported by 9to5Mac and later confirmed by Apple to The Verge, the ban exclusively impacts the flagship Series 9 and Ultra 2 models. The Apple Watch SE, lacking the SpO2 sensor, remains unaffected, and previous models with the blood oxygen sensor are also exempt. Importantly, the ban applies solely to sales within the United States, with the watches still available for purchase internationally.

The patent disputes between Apple and Masimo have been ongoing for several years, with Masimo, renowned for its pulse oximeter, alleging patent infringement by Apple on its pulse oximetry technology. This specific import ban results from the case filed with the ITC.

Apple, in response, has expressed strong disagreement with the ITC order. According to Apple spokesperson Nikki Rothberg, the company is actively exploring legal and technical options to ensure continued availability of the Apple Watch to customers.

The fate of the ITC import ban is uncertain at this point. Currently undergoing a presidential review period, President Joe Biden has the authority to veto the ban, although such actions are infrequent. Apple has experienced presidential vetoes in the past, such as in 2013 when former President Barack Obama vetoed an ITC import ban on the iPhone 4 and certain iPad models. The review period is scheduled to conclude on December 25th, leaving the possibility of changes in the situation.

In a recent development reported by Bloomberg on Monday evening, Apple is said to be working on software changes to modify how the Apple Watch measures and reports oxygen saturation. Additionally, Apple has indicated plans to submit a workaround to address the concerns raised by the ITC.