The US Court of Appeals today rejected Apple's request to stay the ban on sales of the Apple Watch Series 9 and Ultra 2. This came after Apple appealed an ITC decision that found the Apple Watch's blood oxygen sensor infringed two patents owned by medical technology company Masimo.
Apple told the US blog 9to5mac confirmedthat starting January 18 at 5:00 p.m. ET, the Apple Watch Series 9 and Ultra 2 with the controversial pulse oximetry feature will no longer be allowed to be sold in the US. But Apple wouldn't be Apple if the company didn't already have a plan in place. In an official statement, the company said:
Apple's appeal is ongoing, and we believe the U.S. Court of Appeals for the Federal Circuit should overturn the USITC's decision. We strongly disagree with the USITC's decision and the resulting orders. Until the appeal is resolved, Apple is taking steps to comply with the ruling while ensuring customers can use Apple Watch with limited disruptions. These steps include introducing a version of the Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. that does not have the blood oxygenation feature. Apple Watch devices already purchased with the blood oxygenation feature will not be affected.
Apple Watch Series 9 & Ultra 2: Other markets are not affected
This means that the Apple Watch Series 9 and Ultra 2 will still include the Blood Oxygen app, however, when a user taps it, a message will appear saying:
The Blood Oxygen app is no longer available. For more information, see the Health app on your iPhone.
The Health app on the iPhone provides a link to a support article on Apple's website. The US Customs Service has ruled that the planned software change to remove the blood oxygen features on the Apple Watch Series 9 and Ultra 2 does not fall within the scope of the ITC decision. This change will be implemented via a firmware update to the Apple Watch. With this measure, Apple is trying to continue selling the Apple Watch Series 9 and Ultra 2 in the United States while the legal battle with Masimo and the ITC continues. The company has already stated that the appeals process could take more than a year. It is important to note that this change does not affect anyone who already owns an Apple Watch with the blood oxygen features and it applies exclusively to the US market. (Photo by Unsplash / Samuel Angor)
