Apple to pull Apple Watch 9 and Apple Watch Ultra 2 in the USA

Crikey, have you caught wind of the latest drama with Apple? So, here’s the lowdown: there’s been a right kerfuffle over the Apple Watch 9 and the Apple Watch Ultra 2. Turns out, there are claims flying around that Apple might have nicked some tech, and because of that, they’ve had to yank these models off the shelves!

Now, we don’t have all the nitty-gritty details yet, but it’s a pretty big deal. Apple’s usually on top of their game, so for them to pull two major products like this, well, it’s got everyone talking. It’s not every day you hear about a tech giant like Apple getting caught up in a situation like this. People are waiting with bated breath to see how this whole hullabaloo will play out. Keep your eyes peeled for more updates on this!

Blimey, talk about a twist in the tale for Apple! So, here’s the scoop: Apple had to pull the plug on their super popular Apple Watch Series 9 and Apple Watch Ultra 2 from their website. This all went down on Thursday, December 21, right at 3 p.m. EST/noon PST.

Apple recently removed the Apple Watch Series 9 and Apple Watch Ultra 2 from their website on Thursday, December 21, at exactly 3 p.m. EST/noon PST. This action is due to an ongoing patent dispute concerning the blood oxygen sensor technology, known as SpO2, which is featured in most Apple Watch models from Series 6 onwards.

As a result, from Thursday afternoon, shoppers in the US won’t be able to purchase these two popular smartwatch models directly from Apple’s website. However, you can still find them in Apple’s physical stores, but only until December 24. After that date, sales of these models will be halted for an indefinite period.

If you’re considering buying the Apple Watch Series 9 or Apple Watch Ultra 2, it would be wise to do so soon, especially given the limited availability.

Back in October, there was a significant development involving Apple and the US International Trade Commission (ITC). The ITC confirmed an earlier decision that Apple had infringed on a patent held by Masimo, a smaller company specializing in medical technology. This infringement was specifically related to the launch of the Apple Watch Series 6 in 2020, a model which is no longer being produced.

The crux of the dispute centers around the SpO2 sensor, which is a feature on the back of most Apple Watch models dating back to 2020. Masimo claims that Apple has been using its technology without permission, starting with the Series 6 and continuing with each new Apple Watch release. On the other hand, Apple has refuted these allegations, arguing that it is Masimo that has copied the overall design of the Apple Watch.

Apple’s decision to withdraw the Series 9 and Ultra 2 models is a direct consequence of the October ruling by the US International Trade Commission (ITC). This ruling, which found Apple in violation of a patent held by Masimo, initiated a 60-day review period for the President of the United States. President Joe Biden has the power to overturn this decision during this period, which ends on December 25, 2023.

However, it appears unlikely that President Biden will intervene in this matter. The White House has indicated that the decision rests with U.S. Trade Representative Katherine Tai, who is closely observing the situation.

In anticipation of the possibility that the president won’t step in, Apple has proactively decided to remove the Ultra 2 and Series 9 models from both online and physical store shelves. What’s next for Apple? They plan to challenge the ITC’s ruling in the Federal Circuit. Unfortunately for Apple, their request to delay the removal of these products until their appeal was lodged was denied. This means that the ban on these models is likely to proceed as originally planned.

The situation with Apple Watch’s ban in the U.S. is indeed a significant event, especially considering that Apple Watches account for about half of the global smartwatch market. However, there are several factors that soften the blow for both consumers and Apple’s financial health.

Firstly, the ban is limited to the U.S. market. While the Apple Watch is quite popular in its home market, the majority of its sales occur outside the U.S., according to Avi Greengart, a chief analyst at Techsponential. This geographic limitation lessens the overall impact.

The timing of the ban is somewhat fortunate for Apple. In the U.S., the bulk of holiday sales happen before December 24, the date when the ban is set to take effect. Therefore, the financial impact on Apple’s holiday season sales should be minimal.

Additionally, even if the Ultra 2 and Series 9 models are halted, Apple still offers the Apple Watch SE, which is available from both their online and physical stores. The SE model is considered the best-value smartwatch available.

As for how long these models will be unavailable in the U.S., Greengart notes that it’s hard to predict. The availability of the Apple Watch Ultra 2 and Series 9 hinges on whether the ITC ruling is vetoed or overturned on appeal. A settlement between Apple and Masimo could also resolve the issue.

Apple might also circumvent the problem by designing around the disputed patent and possibly releasing new models like the Apple Watch Series 10 or Ultra 3 sooner than planned. However, this is speculative.

In the meantime, big box retailers like Amazon and Best Buy can continue selling the affected models beyond the December 25 deadline, until their existing stock runs out.

Greengart expects that these models will remain available through third-party retailers for most of January, but not much longer. Apple has reportedly instructed its staff not to direct customers to stores continuing to sell these models.

In terms of legal strategies, the best outcome for Apple would be for President Biden to veto the ITC ruling, although this is seen as unlikely. The next best option is a swift victory on appeal. Settling with Masimo is another possibility, but Apple may prefer to resolve this through the legal system rather than through market competition.

With little precedent for presidential intervention in ITC rulings, the case is expected to move to the US Court of Appeals for the Federal Circuit. The duration of this legal process is uncertain, as the U.S. court system can be quite slow.

Internally, Apple is reportedly working on a software update that might satisfy U.S. Customs requirements, according to Bloomberg’s Mark Gurman. This represents a significant engineering effort by the company to address the issue.