Apple to Halt Sales of Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. on December 21
Posted December 18, 2023 at 3:53pm by iClarified
Apple has announced that it will halt sales of the Apple Watch Series 9 and Apple Watch Ultra 2in the U.S. on December 21 following a limited exclusion order and cease and desist order from the International Trade Commission.
Following a complaint from Masimo Corporation and Cercacor Laboratories, Inc., the ITC launched an investigation into whether the Apple Watch's blood oxygen feature infringed on patents held by the companies. On October 23, 2023, the ITC completed its investigation, ruling against Apple.
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The Commission has determined to issue: (1) a limited exclusion order ("LEO") prohibiting the unlicensed entry of infringing wearable electronic devices with light-based pulse oximetry functionality and components thereof covered by certain claims of U.S. Patent Nos. 10,912,502 or 10,945,648 that are manufactured by or on behalf of, or imported by or on behalf of, respondent Apple, Inc. ("Apple") or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns; and (2) a cease and desist order ("CDO") directed against Apple and any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns.
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The decision is currently under Presidential review. President Biden has until December 25th to veto the ruling; however, this has not yet happened.
In statement to 9to5Mac, Apple announced it will stop sales of the Apple Watch Series 9 and Apple Watch Ultra 2 on Apple.com after 3 p.m. ET on Thursday, December 21 and in-stores after December 24.
Here's the full statement...
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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. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24.
Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.
Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.
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Other retailers are not prohibited from selling the devices, but given that Apple won't be able to import more units after December 25th, it's unclear how long stock will last.
The Apple Watch Series 9 is currently on sale at Amazon.com for $329 (down from $399) and the Apple Watch Ultra 2 is on sale for $699 (down from $799). It's likely these prices will go up if inventory dries out. Please download the iClarified app or follow iClarified on Twitter, Facebook, YouTube, and RSS for updates.
Following a complaint from Masimo Corporation and Cercacor Laboratories, Inc., the ITC launched an investigation into whether the Apple Watch's blood oxygen feature infringed on patents held by the companies. On October 23, 2023, the ITC completed its investigation, ruling against Apple.
-
The Commission has determined to issue: (1) a limited exclusion order ("LEO") prohibiting the unlicensed entry of infringing wearable electronic devices with light-based pulse oximetry functionality and components thereof covered by certain claims of U.S. Patent Nos. 10,912,502 or 10,945,648 that are manufactured by or on behalf of, or imported by or on behalf of, respondent Apple, Inc. ("Apple") or any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns; and (2) a cease and desist order ("CDO") directed against Apple and any of its affiliated companies, parents, subsidiaries, or other related business entities, or its successors or assigns.
-
The decision is currently under Presidential review. President Biden has until December 25th to veto the ruling; however, this has not yet happened.
In statement to 9to5Mac, Apple announced it will stop sales of the Apple Watch Series 9 and Apple Watch Ultra 2 on Apple.com after 3 p.m. ET on Thursday, December 21 and in-stores after December 24.
Here's the full statement...
---
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. This includes pausing sales of the Apple Watch Series 9 and Apple Watch Ultra 2 from Apple.com starting December 21, and from Apple retail locations after December 24.
Apple's teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features. Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.
Should the order stand, Apple will continue to take all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.
---
Other retailers are not prohibited from selling the devices, but given that Apple won't be able to import more units after December 25th, it's unclear how long stock will last.
The Apple Watch Series 9 is currently on sale at Amazon.com for $329 (down from $399) and the Apple Watch Ultra 2 is on sale for $699 (down from $799). It's likely these prices will go up if inventory dries out. Please download the iClarified app or follow iClarified on Twitter, Facebook, YouTube, and RSS for updates.