Apple Watch Series 9 and Ultra 2 Removed from Shelves in the U.S. as White House Declines to Overturn Ban

The most recent Apple Watch models, the Series 9 and Ultra 2, have been pulled from shelves across the United States following the White House’s decision not to intervene and reverse a US International Trade Commission (ITC) ruling. The ruling, based on patent violations registered by medical device maker Masimo, prevents Apple from selling these models due to alleged infringements.

The Biden administration had until the end of Christmas day to counter the ITC’s decision but chose not to issue an emergency action. This move confirms the ITC’s determination, making the ban on Apple Watch Series 9 and Ultra 2 final as of December 26, 2023, according to the office of U.S. Trade Representative Katherine Tai.

Apple had already removed the affected Watch models from its online store, and Apple Store locations opened without stocking the latest top-of-the-line watches. While the less expensive Apple Watch SE remains available for purchase, the ban impacts the Apple Watch Series 6 and later, as well as all models of Apple Watch Ultra.

Apple Appeals and Pursues Solutions
Apple has filed an appeal to the Federal Circuit court, challenging the ITC ruling. The tech giant is actively exploring both legal and technical avenues to resume imports of the affected watches. Apple has submitted a redesign of the Series 9 and Ultra 2 watches for U.S. Customs approval and seeks a temporary stay on the ban until the redesign is considered, expected by January 12.

In response, Apple stated, “We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”

Patent Violation and Impact
The ITC ruling in October found Apple in violation of a pulse oximeter patent held by Masimo, which uses light-based technology to measure blood-oxygen levels. Other retailers like Amazon and Best Buy continue to sell their remaining stock of Apple Watches, while Apple faces restrictions on importing more units into the U.S.

The ongoing legal battle between Apple and Masimo adds complexity to the situation. Apple has marketed its smartwatch as a life-saving device, and the conflict with Masimo poses a potential threat to this reputation. Apple’s preemptive move to take the Series 9 and Ultra 2 models out of stock anticipates the ban’s impact but promises efforts to bring the watches back to U.S. customers soon, with potential software tweaks to address patent concerns. The ITC’s acceptance of Apple’s solution remains uncertain.