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The Apple Watch Sequence 9 and Apple Watch Extremely 2 are embroiled in an ongoing ITC state of affairs, which briefly barred the units from being offered in america final month. This comes after the ITC ruled that the Apple Watch’s blood oxygen sensor infringes on two patents held by medical machine firm Masimo.
Because it stands proper now, Apple continues to be promoting the Apple Watch Sequence 9 and Extremely 2 in america, however with the blood oxygen options disabled because of the ITC ruling.
Final up to date: April 6, 2024
Can I nonetheless purchase an Apple Watch with blood oxygen options from different retailers?
Sure, in the intervening time, you may nonetheless buy an Apple Watch Series 9 and Apple Watch Ultra 2 from third-party retailers like Greatest Purchase and Amazon, and they’re going to nonetheless have the blood oxygen app and options.
The ITC’s choice solely impacts Apple’s skill to promote the Sequence 9 and Extremely 2 by way of its on-line retailer and retail shops.
April 6, 2024:
Apple continues to be promoting a redesigned model of the Apple Watch Sequence 9 and Apple Watch Extremely 2 with the blood oxygen sensor disabled. Because the Masimo case continues to progress with the ITC system, Apple has filed a brand new 900-page transient calling on the import ban to be overturned.
The Worldwide Commerce Fee exceeded its statutory authority by issuing an injunction in a case the place the requisite “home trade” was non- existent. The Fee compounded that elementary error by issuing a collection of substantively faulty patent rulings. Apple respectfully submits that this Courtroom ought to appropriate the Fee’s errors and make sure the company observes the jurisdictional limitations Congress prescribed.
Discover the complete doc embedded under.
January 18, 2024:
Apple formally begins promoting the Apple Watch Sequence 9 and Extremely 2 with out the blood oxygen options. This alteration doesn’t impression anybody who already owns an Apple Watch with the blood oxygen options. It additionally solely applies in america.
“Apple Watch Sequence 9 and Extremely 2 not embody the Blood Oxygen characteristic,” reads the banner utilized to the checkout stream for each mannequin watches on Apple’s web site.
Apple continues its attraction of the preliminary ITC ruling. The corporate says this course of might take over a 12 months. It’s unclear if any interim answer shall be reached that enables Apple to start promoting the Apple Watch Sequence 9 and Extremely 2 with the blood oxygen options.
January 17, 2024:
The US appeals court docket denies Apple’s request to pause the ban throughout its attraction of the ITC’s ruling. The US appeals court docket says Apple Watch Sequence 9 and Apple Watch Extremely 2 with blood oxygen options shall be banned from sale in america once more, efficient 5:00 pm ET on January 18, 2024.
Apple responds and says it would proceed promoting the units with the blood oxygen options disabled.
January 15, 2024:
U.S. Customs and Border Safety guidelines that Apple’s redesign falls exterior the scope of the ITC ruling. Apple’s redesign, nevertheless, is to take away the heart beat oximetry options from newly offered units.
Which means U.S. Customs has discovered the Apple Watch Sequence 9 and Extremely 2 don’t infringe on Masimo patents as long as they don’t “include pulse oximetry options.”
For now, Apple will proceed to promote the Apple Watch Sequence 9 and Apple Watch Extremely 2 with pulse oximetry options. In the meantime, we nonetheless await the choice from the US appeals court docket on Apple’s request to pause the Apple Watch ban all through your complete length of the appeals course of.
January 10, 2024:
The ITC voices its opposition to Apple’s request to pause the Apple Watch gross sales ban all through the length of its attraction of the preliminary ITC choice.
December 28, 2023:
The Apple Watch Sequence 9 and Apple Watch Extremely 2 return to Apple’s On-line Retailer after every week of unavailability.
December 27, 2023:
Apple’s attraction for a pause of the Apple Watch ban was granted thanks to the US appeals court. The pause runs by January 10. Apple has additionally submitted a software program replace that it believes will resolve the difficulty, however a call on whether or not that software program repair adequately addresses the 2 patents gained’t be made till January 12.
December 26, 2023:
The Biden Administration formally introduced its choice to uphold the ITC’s ruling, formally banning Apple from promoting the Apple Watch Extremely 2 and Apple Watch Sequence 9 in america.
In a press release to 9to5Mac, Apple reiterated that it strongly disagrees with the ITC’s choice and is engaged on each potential answer to carry the units again to the market. The corporate additionally formally filed an attraction.
December 24, 2023:
On the finish of the enterprise day, Apple halted retail gross sales of the 2 flagship Apple Watch fashions in query. The corporate as an alternative will give attention to the Apple Watch SE because the ITC case continues to play out.
December 22, 2023:
December 21, 2023
The Apple Watch Sequence 9 and Apple Watch Extremely 2 are faraway from Apple’s web site in america. We additionally realized extra particulars about how the ban impacts Apple’s skill to service and change broken units.
December 20, 2023:
The ITC denied certainly one of Apple’s last-ditch makes an attempt to have the Apple Watch ban delayed.
December 19, 2023:
The White Home confirmed that it was monitoring the state of affairs and that Katerine Tai, america Commerce Consultant, was “rigorously contemplating all the elements on this case.”
Masimo CEO Joe Kiani reiterated that the corporate is open to a settlement with Apple, however that Apple must come to the desk for negotiations to even start.
December 18, 2023:
9to5Mac broke the information about Apple’s plans to preemptively halt Apple Watch gross sales by way of its on-line and retail shops. Bloomberg reported that Apple engineers are scrambling to develop a software program workaround that may circumvent the 2 Masimo patents on the coronary heart of this case.
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