Kaitlyn Cimino / Android Authority
‘Tis the season for hitting checkout on the market’s top tech, yet one of the most popular product lines is disappearing from shelves. An import ban from the International Trade Commission (ITC) may keep Apple’s latest smartwatches out of your cart. Find out everything you need to know about the Apple Watch ban.
Why did Apple stop selling the Apple Watch?
Apple stopped selling the Apple Watch Series 9 and Ultra 2 in light of a ruling by the US International Trade Commission. The ITC ruled that Apple infringed on two patents from Masimo, a medical device manufacturer. This infringement, the ITC said, necessitates an import ban on the newest Apple Watch models, the Series 9 and Ultra 2, beginning December 26th.
Apple preemptively removed these models from online stores on December 21st to comply with the import ban. On December 24th, the company will remove the devices from its brick-and-mortar stores as well. Because the infringement is related to blood oxygen monitoring, it does not affect the sale of the Apple Watch SE, which does not feature an SpO2 sensor.
What can Apple do to reverse the Apple Watch ban?
Aamir Siddiqui / Android Authority
According to Apple spokesperson Nikki Rothberg, the company is actively facing the issue head-on and pursuing several potential solutions. The ruling is currently under review for a veto from President Joe Biden. The Presidential Review Period ends on December 25th.
In a statement to 9to5Mac, Apple shared the following:
A Presidential Review Period is in progress regarding an order from the US 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.
Meanwhile, Bloomberg reported that Apple is also working on software changes to blood oxygen monitoring and reporting on the Apple Watch, which the company will submit to the ITC. This workaround may or may not alleviate the patent infringement issue.
Regardless, Apple will likely appeal in the Federal Circuit if the original ruling stands following the Presidential Review Period.
Do stores still sell the Apple Watch?
Kaitlyn Cimino / Android Authority
Apple is no longer selling its latest watches on its website and will suspend sales in retail outlets starting December 24. The officially scheduled import ban goes into effect on December 25. Third-party retailers can still sell the devices until their supply runs out. They will not, however, receive any additional supply.
Apple will also stop exchanging watches purchased before the ban for alternative colors or sizes. Users can only return the under-warranty watches for a refund.
What happens when the stores run out of stock?
Once stores run out of stock, they will no longer be able to sell the Series 9 or Ultra 2. The import ban prevents all parties from refilling their supply. Like Apple stores, third-party retailers will need to wait for Apple to reach an agreement with Masimo, receive a federal reprieve, or deliver a workaround. As a last resort, shoppers may be able to find devices for resale on eBay.
Apple Watch Series 9
Apple Watch Ultra 2
Will the Apple Watch ban affect repairs?
Kaitlyn Cimino / Android Authority
The Apple Watch ban also affects repairs for some older models of the lineup. The company has reportedly stopped offering hardware replacements for older watch models no longer under warranty. This includes the Apple Watch 6, 7, 8, 9, Ultra, and Ultra 2. Again, the Apple Watch SE line is unaffect as it does not feature and SpO2 monitor.
Apple also informed its services teams that it will stop replacing out-of-warranty watch models going back to the Apple Watch Series 6.
FAQ
The Apple Watch ban will last for as long as it takes Apple to find a legal solution. If the ITC ruling is not vetoed, Apple will likely appeal. Meanwhile, it could take months for Apple to design a suitable workaround. The relevant patent expires in August 2028.
Notably, the Apple Watch ban only affects US sales. The Apple Watch Series 9 and Ultra 2 are still available for purchase abroad.
The ban prevents anyone from importing an Apple Watch to the US.
