Discontinuation Announcement: Apple Ends Sales of Watch Series 9 & Ultra Models

An ongoing patent dispute will prevent Apple from selling the Watch Series 9 and Watch Ultra 2 after December 21st. This is a temporary action, and it is limited to the United States.

The Apple Watch Series 6 (and all subsequent Apple Watches, minus the SE) use a light-based pulse oximeter sensor to measure the wearer’s blood oxygen saturation. Medical technology Maismo claims that this sensor violates five of its patents. Maismo took Apple to court in 2020 and filed a case with the U.S. International Trade Commission (USITC) one year later.

A judge ruled in Maismo’s favor earlier this year. And, in October, the USITC submitted an exclusion order for Apple’s latest smartwatches. This order prevents the import of Apple Watch Series 9 and Watch Ultra 2 devices after December 25th.

To show compliance with the USITC, the Apple web store is preemptively pausing Watch Series 9 and Watch Ultra 2 sales on December 21st. Brick-and-mortar Apple retail locations will take the same action on December 24th. Retailers like Walmart and Amazon may continue selling the watches, but they will quickly run out of stock.

“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.”

The USITC’s exclusion order is subject to a 60-day presidential review period. During this period (which ends December 25th), President Biden can veto the exclusion order and allow the continued import of Watch Series 9 and Watch Ultra 2 devices. But a veto seems unlikely—the Apple Watch isn’t critical to the U.S. economy, and the USITC’s action won’t have a major impact on Christmas shopping.

Also, this kind of veto is extremely rare. The Obama administration blocked a USITC exclusion order for the iPhone in 2013, citing the “effect on U.S. consumers” and the principles of fair competition. For previous presidential USITC vetoes, you have to go back to the Reagan and Carter administrations, which shot down a handful of exclusion orders related to industrial manufacturing, cheap alkaline batteries, and computer chips.

Apple maintains that it has not violated Maismo’s patents. It says that Maismo is using the legal system to “clear a path” for its own smartwatch, which is obviously a competitor to the Apple Watch. Additionally, Apple alleges that Maismo has infringed on Apple Watch technology .

If the Biden administration does not veto the USITC’s decision, U.S. imports of the Apple Watch Series 9 and Watch Ultra 2 will pause on December 25th. Presumably, Apple will respond by filing an appeal with the Federal Court. Technically speaking, Apple can circumvent the exclusion order by disabling the Apple Watch’s blood oxygen sensor, but this action would be seen as a last resort.

Source: Apple via Engadget

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