At this time, in the United States of America, it is no longer possible to purchase Apple Watch Series 9 and Ultra 2. L’International Trade Commissionwhich had established the infringement of some Masimo patents by the Cupertino company, announced that the Biden administration has chosen to do not lift the import ban. «After careful consultation, US Trade Representative Katherine Tai decided not to reverse the ITC decision», we read in the press release.
Why Apple Watch Series 9 and Ultra 2 are no longer available for purchase in the USA
As established by the court ruling, Apple has infringed Masimo’s patents on its blood oxygen sensor. Therefore, the Cupertino giant is no longer authorized to sell its latest generation smartwatches in the United States. Third-party retailers will be able to sell any remaining stock, but all imports are as of now prohibited.
Among those launched in 2023, the only one still available for purchase is the Apple Watch SE 2but only because it does not include the aforementioned sensor.
Apple has already announced that will appeal appealed the ruling to the U.S. Court of Appeals for the Federal Circuit. In the meantime, the CEO of Masimo has stated that he is willing to find an agreement between the parties, but Apple does not consider the ruling on patents correct and has no intention of paying royalties.
Apple’s response to the ITC decision
«At Apple, we work tirelessly to create products and services that have a meaningful impact on people’s lives. It’s what drives our teams to spend years developing scientifically proven health, fitness and wellness features for Apple Watch, and we believe millions of people around the world have benefited greatly from this product», a spokesperson told 9to5mac. «We strongly disagree with the USITC’s decision and subsequent exclusion order, and we are taking all steps to make Apple Watch Series 9 and Ultra 2 available to customers in the United States as soon as possible».