The Apple Watch Series 9 and Apple Watch Ultra 2 are embroiled in an ongoing ITC situation, which briefly barred the devices from being sold in the United States.
This comes after the ITC ruled that the Apple Watch’s blood oxygen sensor infringes on two patents held by medical device company Masimo.
On Christmas Day, President Biden declined to veto the ITC’s decision, officially barring Apple from selling its flagship Apple Watch models via its retail stores or its online store. Apple’s appeal of the case, however, put the ban on hold for the time being. Here’s everything we know.
Can I still buy an Apple Watch from other retailers?
Yes, for the time being, you can still buy an Apple Watch Series 9 and Apple Watch Ultra 2 from third-party retailers like Best Buy and Amazon. You’ll want to act quickly, however. The ITC’s decision completely prohibits new Apple Watch units from being imported into the United States.
This means that once retailers like Amazon and Best Buy run out of inventory, they won’t be able to replenish their supply until the ITC’s ban has been lifted.
December 28:
The Apple Watch Series 9 and Apple Watch Ultra 2 return to Apple’s Online Store after a week of unavailability.
- Dec 28, 2023 – 8:12 am PT: Apple Watch Series 9 and Ultra 2 return to Apple Online Store after a week of unavailability
December 27:
Apple’s appeal for a pause of the Apple Watch ban was granted thanks to the US appeals court. The pause runs through January 10. Apple has also submitted a software update that it believes will resolve the issue, but a decision on whether or not that software fix adequately addresses the two patents won’t be made until January 12.
- Dec 27 2023 – 2:30 pm PT: Apple Watch Series 9 and Ultra 2 returning to select Apple Stores today, online tomorrow
- Dec 27, 2023 – 9:06 am PT: Apple Watch ban temporarily halted thanks to US appeals court
- Dec 27, 2023 – 5:30 am PT: Here’s Apple’s full appeal of the ITC ruling
December 26:
The Biden Administration formally announced its decision to uphold the ITC’s ruling, officially banning Apple from selling the Apple Watch Ultra 2 and Apple Watch Series 9 in the United States.
In a statement to 9to5Mac, Apple reiterated that it strongly disagrees with the ITC’s decision and is working on every possible solution to bring the devices back to the market. The company also formally filed an appeal.
- Dec 26, 2023 – 11:32 am PT: AliveCor praises ITC for Apple Watch ban in the US as it still disputes with Apple
- Dec 26, 2023 – 6:28 am PT: Apple says it ‘strongly’ disagrees with Apple Watch ban, working on technical and legal solutions to bring the devices back to market
- Dec 26, 2023 – 3:56 am PT: Biden administration decides not to overturn Apple Watch sales ban in the US
December 24:
At the end of the business day, Apple halted retail sales of the two flagship Apple Watch models in question. The company instead will focus on the Apple Watch SE as the ITC case continues to play out.
- Dec 24, 2023 – 3:26 pm PT: Apple Watch Series 9 and Ultra 2 officially unavailable in the US as retail sales halt begins
December 22:
- Dec 22 2023 – 4:10 am PT: Apple Watch ban may not be the last, warns Stanford law professor
December 21:
The Apple Watch Series 9 and Apple Watch Ultra 2 are removed from Apple’s website in the United States. We also learned more details about how the ban impacts Apple’s ability to service and replace damaged devices.
- Dec 21, 2023 – 12:36 pm PT: Here’s how the Apple Watch ban will impact your ability to get your device repaired or replaced
- Dec 21, 2023 – 11:58 am PT: Apple Watch Series 9 and Ultra 2 no longer available from Apple’s website
December 20:
The ITC denied one of Apple’s last-ditch attempts to have the Apple Watch ban delayed.
- Dec 20, 2023 – 1:26 pm PT: ITC denies Apple’s request to delay looming Apple Watch ban
December 19:
The White House confirmed that it was monitoring the situation and that Katerine Tai, the United States Trade Representative, was “carefully considering all of the factors in this case.”
Masimo CEO Joe Kiani reiterated that the company is open to a settlement with Apple, but that Apple would have to come to the table for negotiations to even begin.
- Dec 19, 2023 – 1:15 pm PT: White House ‘tracking’ Apple Watch ban as Masimo CEO open to settlement
- Dec 19 2023 – 5:39 am PT: 2023 Apple Watch models could yet remain on sale – four potential solutions
December 18
9to5Mac broke the news about Apple’s plans to preemptively halt Apple Watch sales via its online and retail stores. Bloomberg reported that Apple engineers are scrambling to develop a software workaround that would circumvent the two Masimo patents at the heart of this case.
- Dec 18, 2023 – 4:04 pm PT: Apple developing possible software workaround in response to Apple Watch ban
- Dec 18, 2023 – 6:00 am PT: Apple to halt Apple Watch Series 9 and Apple Watch Ultra 2 sales in the US this week
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