As Apple Stores nationwide conclude their daily operations, the sales ban on Apple Watch Series 9 and Apple Watch Ultra 2 officially takes effect. Apple has removed these flagship products from its online store earlier this week, and now, they are being phased out from physical Apple Stores.
Upon reopening after the Christmas holiday on December 26, customers will no longer find the Apple Watch Ultra 2 and Apple Watch Series 9 available for purchase in Apple Stores.
This sales restriction arises from a protracted patent dispute between Apple and medical device company Masimo. In October, the International Trade Commission (ITC) ruled that the blood oxygen sensor in the aforementioned Apple Watches infringes on two Masimo patents.
Following the ITC decision, the case entered a 60-day Presidential Review Period within the Biden administration. During this period, President Biden holds the authority to veto the ruling. However, as of now, there has been no action from the President. The Presidential Review Period officially concludes after December 25, leaving open the possibility of a last-minute intervention or veto by President Biden.
Post-December 25, Apple faces restrictions on importing or selling the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States. Apple took proactive measures by removing these devices from its website on December 21 and, subsequently, from Apple Stores after the stores close on Sunday.
The Apple Watch Series 9 and Apple Watch Ultra 2, absent from Apple’s website since Friday, will not be available for purchase when Apple Stores resume operations on December 26. Apple Stores have received updated marketing materials emphasizing the availability of the Apple Watch SE, which lacks the blood oxygen sensor.
In response to inquiries, Apple assured 9to5Mac that it 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.” Additionally, Apple confirmed that it intends to file an appeal of the ITC’s final decision with the US Court of Appeals for the Federal Circuit on December 26.
The duration of the unavailability of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States remains unclear at this point. While the devices are still accessible through alternative retailers like Amazon and Best Buy, once the existing stock is depleted, replenishment will no longer be possible.
