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Apple Stops Selling Newest Watch: Series 9 and Ultra 2 Pulled from US Market Amid Legal Dispute

Dec 27, 2023 08:55 AM EST | By Jep Collins

Apple Logo
(Photo : Unsplash/BangyuWang)

Apple stopped selling its newest watch - the Apple Watch Series 9 and Ultra 2 in the US due to an escalating legal conflict with health tech company Masimo over the blood oxygen detection feature in these models.

Apple removed the two devices, the Series 9 and Ultra 2 watches, from its online store on December 21st and subsequently from physical store shelves after December 24th.

In a statement shared by CNBC, US Trade Representative Katherine Tai's office announced that, following a thorough review, they have chosen not to overturn the International Trade Commission's decision.

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Apple Fights to Sell Newest Watch After Court Appeal

On Tuesday, Apple took its case to a D.C. appellate court, requesting a halt on the International Trade Commission's ruling during the ongoing legal proceedings.

Last week, the Commission declined Apple's plea to delay the ban while their appeal is under consideration. The tech giant has also proposed a redesign of the Apple Watch Series 9 and Ultra 2 for approval by U.S. customs.

Apple asserts that its blood oxygen technology does not infringe on Masimo's patents. In a Forbes statement, Apple strongly disagreed with the Commission's decision and exclusion order, emphasizing efforts to bring the Series 9 and Ultra 2 watches back to U.S. customers soon.

In response to the final decision, Apple released a statement emphasizing its commitment to innovation.

"At Apple, our goal is to create products and services that genuinely make a difference in people's lives. Our Clinical, Design, and Engineering teams spend years developing the Apple Watch's health, fitness, and wellness features, which have positively impacted millions worldwide.

They added that they firmly oppose the USITC's ruling and the subsequent ban. They are actively working to bring the Apple Watch Series 9 and Apple Watch Ultra 2 back to our U.S. customers as quickly as possible.

The ban on Apple's newest watches stems from a legal dispute with Masimo, a medical tech company claiming Apple infringed on its pulse oximetry patent. This claim, which Apple denies, follows Masimo's allegations of Apple stealing trade secrets.

The dispute saw a mistrial in a civil lawsuit earlier this year. Apple, in turn, has sued Masimo for patent infringement, asserting Masimo aims to edge out Apple's products. Masimo describes these lawsuits as retaliatory.

The International Trade Commission sided with Masimo in October, a decision not overturned by the Biden administration, in line with a precedent of not reversing Commission decisions since 2013.

Apple Watch Series 9, Ultra 2 Sales Restricted in US Only

Apple watch
(Photo : Unsplash/CezarSampaio)

A new order has impacted the sales of Apple's Watch Series 9 and Ultra 2 in the US. According to 9to5Mac, this order stops Apple from selling these watches or supplying them to resellers.

It could mean that these models might be available only for a short time through other retailers.

However, this restriction is limited to US sales. Customers abroad can still buy the Series 9 and Ultra 2.

Retail giants Best Buy and Walmart told CNET they will keep selling these Apple Watch models. Amazon and Target are yet to reply to CNET about their plans for these watches. All four retailers are offering the Series 9 and Ultra 2 on their websites.

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