Apple will pause Watch Series 9 and Ultra 2 sales in the US due to a patent dispute

If you're planning to buy an Apple Watch Series 9 or Apple Watch Ultra 2 for someone as a holiday gift, you should probably act quickly. Apple says it will soon suspend sales of both devices in the country due to a patent dispute over the blood oxygen sensor on the wearables. The Apple Watch SE will remain available for purchase as it doesn't have a blood oxygen sensor.

"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," Apple told Engadget in a statement. "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."

In October, the US International Trade Commission (ITC) upheld a ruling that the Apple Watch violated medical tech company Masimo's patents. The ITC's order blocks all Apple Watch Series 9 and Ultra 2 imports to the US after December 25. Other retailers, such as Amazon and Best Buy, can continue to sell the devices for the time being, as 9to5 Mac first reported.

Following the ITC's decision, the case went to the White House for a 60-day Presidential Review Period. Although President Biden has one more week to decide whether to veto the ITC ruling, Apple has opted to preemptively comply with the commission's decision. If the president decides against a veto, Apple can appeal to Court of Appeals for the Federal Circuit, reach a settlement with Masimo or issue software updates that nullify patent infringements (i.e. by deactivating blood oxygen features).

"Apple’s teams work tirelessly to create products and services that empower users with industry-leading health, wellness, and safety features," the company said. "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.”

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This article originally appeared on Engadget at https://www.engadget.com/apple-will-pause-watch-series-9-and-ultra-2-sales-in-the-us-due-to-a-patent-dispute-142051903.html?src=rss