Apple has been denied its request to continue the stay on the International Trade Commission’s (ITC) Exclusion Order on the Apple Watch Series 9 and Apple Watch Ultra 2. This means that Apple will have to pull these models from its online and physical Apple Stores on Thursday, January 18th.
The Exclusion Order prohibits the sale of these models in the U.S., and Apple’s request for a stay on the order throughout the appeals process has been denied by a federal appeals court. As a result, the ban will remain in effect until the appeals process is completed.
Apple has received approval from U.S. Customs to sell a redesigned version of the Series 9 and Ultra 2 models, which disables the pulse oximeter feature that measures the amount of oxygen in a person’s red blood cells. Alternatively, Apple could choose to license the patent from Masimo, the company that owns the patent in question, but it is unclear if any discussions have taken place between the two companies.
While there is a possibility that Apple could win the appeal in the future, it could take months before a final ruling is made. During this time, the ban will remain in effect. However, if Apple does decide to import the revised version with the pulse oximeter disabled, it will not affect the feature on previously purchased Series 9 and Ultra 2 models.
If you already own one of these watches, there is no need to worry about Apple disabling the feature.
