Apple Watch Series 9 and Ultra 2 may soon be available for purchase in the US again – with a catch
Apple is reportedly preparing a solution to the US ban on sales of the Apple Watch Series 9 and Apple Watch Ultra 2 – by removing the ability to read the oxygen level in your blood.
In case you missed it, Apple can no longer sell the Apple Watch Series 9 and Apple Watch Ultra 2 (the latest and greatest Apple Watches) in the US due to a patent dispute with health tech company Masimo. The dispute centers on the watch’s blood oxygen sensor, which Masimo claims infringes copyright.
9to5Mac reports that Apple has proposed a redesign of the Series 9 and Ultra 2, which would allow it to continue selling the watches without the pulse oximetry features. U.S. Customs determined on Friday, January 12, that the redesign of the Apple Watch Series 9 and Ultra 2, without pulse oximetry, is “outside the scope of the corrective orders in the ITC investigation underlying Apple’s appeal,” according to a document from Masimo’s legal team.
This means that the watches can be sold in the US again, as long as they do not have these features. The filing from Masimo’s attorneys further states that “In Apple’s request under 19 CFR Part 177 (in a portion that was not designated as confidential), Apple explained ‘that its redesigned watch products definitively (i) do not include pulse oximetry functionality…’ ”.
We’ll hear more about US Customs’ decision in due course, but existing owners can rest assured that if you’ve already purchased a Series 9 or Ultra 2, you won’t be affected by this decision.
Analysis: Major hardware changes?
It sounds like Apple has given in to getting its watches back on shelves as quickly as possible, and redesigned the watches to remove the functionality entirely. This is very different from simply removing the option to access the feature, which could likely have been undone if the legal battle ultimately went in Apple’s favor.
Apple is keeping the details of the redesign confidential for now. There is a lot of speculation and we don’t even have a concrete date for when Apple will resume sales of its Apple Watches in the US. In the meantime, you can still buy one at stores like Best Buy that offer it Apple Watch Series 9 now discounted by $70.
Be warned, though: If you need a repair or replacement for your existing watch, you may be subject to Apple’s required changes to the repair and replacement plan. This doesn’t just apply to new watches: this will affect historic models up to the Apple Watch 6.
If you don’t live in the US, there’s no change in the way things are done: Masimo’s patent claim only applies to watches in the US. For British, European, Asian and Australian buyers, life goes on and you can still buy an Apple watch as normal.