Apple to halt Apple Watch Series 9 and Apple Watch Ultra 2 sales in the US this week
Chance Miller, writing for 9to5Mac:
In a statement to 9to5Mac, Apple has announced that it will soon halt sales of its flagship Apple Watch models in the United States.
The Apple Watch Series 9 and Apple Watch Ultra 2 will no longer be available to purchase from Apple starting later this week.
The move comes following an ITC ruling as part of a long-running patent dispute between Apple and medical technology company Masimo around the Apple Watch’s blood oxygen sensor technology.
The Apple Watch Ultra 2 and Apple Watch Series 9 will no longer be available to order from Apple’s website in the U.S. after 3 p.m. ET on Thursday, December 21. In-store inventory will no longer be available from Apple retail locations after December 24.
Here is Apple’s full statement to 9to5Mac:
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.
The Patent Trial and Appeal Board reviewed 17 different Masimo patents as part of this process and found that 15 of them were invalid. Masimo is appealing those decisions.
As for Masimo’s accusations of trade secret misappropriation, that case went to trial back in May. The judge rejected five out of 10 of Masimo’s claims, saying there was not enough evidence to send those claims to the jury.
The remaining claims were put in front of the jury, where six of the seven jurors found in favor of Apple. The remaining juror disagreed, and the jury eventually concluded that it would not be possible to reach a unanimous verdict. The judge in the case declared a mistrial, and it will be retried at a yet-to-be-determined date.