Apple keeps its word, removes Apple Watch Series 9 and Ultra 2 from U.S. online Apple Stores،
You know the story now. An International Trade Commission (ITC) judge has ruled that Apple infringed patents owned by Masimo for the pulse oximeter used on some Apple Watch models. The ITC imposed an import ban on the Apple Watch Series 9 and Apple Watch Ultra 2 models in the United States starting December 26, which is when the presidential review period comes to an end. President Joe Biden could still decide to veto the import ban and the White House is also playing close to the vest with no idea what Biden will do.
Even though the presidential review period still remains a few days away, Apple decided to launch the ban early and, as it had announced, removed the offending devices from the US Apple Online Store starting Thursday after- noon. A screenshot of the Apple Store app shows that listings for Series 9 watches say “Shipping: Currently unavailable.” Next Sunday, December 24, Apple will remove products from physical Apple Stores in the United States. New signage for Apple Stores in the United States removes all traces of the Apple Watch Series 9 and Apple Watch Ultra2.
In the United States, third-party retailers such as Best Buy, Target, and Walmart are allowed to continue selling affected Apple Watch models until their supplies last. Note that the second generation Apple Watch SE, although released last September like the Apple Watch Series 9 and Ultra 2, is not affected by the import ban because it does not include the pulse oximeter function.
Apple Watch Series 9 models are listed as currently unavailable in the Apple Store app
If the White House decides not to get involved, it probably won't say anything on December 25. Apple would most likely react by appealing the decision the next day, Monday, December 26. The company says it is “pursuing a range of legal and technical options” to try to get affected Apple Watch models back on store shelves. Apple engineers considered making changes to the pulse oximeter's algorithms and software to avoid infringing on Masimo's patent.
It appears that Apple has been playing around with the technology it uses to determine an Apple Watch user's blood oxygen level and how that information gets to the user. But even if it can come up with a workaround to show to U.S. customs authorities (the agency is in charge of exclusion orders issued by the U.S. ITC), Apple isn't sure a software patch will clear a hardware-based patent infringement decision.
Apple may decide to sit down with Masimo and discuss a settlement and licensing agreement. But as we told you a few days ago, Masimo CEO Joe Kiani wants Apple to apologize first. “These guys were caught with their hands in the cookie jar,” Kiani said.
