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I was planning to buy one of Apple’s newest smartwatch models for myself this holiday season. However, I just learned that Apple has stopped selling the Series 9 and Ultra 2 online in the US due to an ongoing lawsuit. Here’s what I know about the situation so far and what my alternatives are if I still want to get a new Apple Watch.
When Did Apple Stop Selling the Series 9 and Ultra 2?
I visited Apple’s website on December 21st to place an order and noticed that the product pages for the Series 9 and Ultra 2 now list them as “currently unavailable.” Apparently Apple stopped offering the watches for pickup, delivery, and in-store purchases as of December 24th.
From what I gather, this is related to a ruling by the US International Trade Commission earlier this year. They issued an order prohibiting Apple from importing those two models due to a patent dispute with the health technology company Masimo. The ban is currently undergoing a presidential review, but Apple decided to halt sales as a precaution in case it is upheld.
Can I Still Buy the Apple Watch Series 9 or Ultra 2 Elsewhere?
The order only applies to Apple, not other retailers. However, Apple may be restricted from supplying the watches to third-party sellers. So even if stores like Best Buy, Walmart, Amazon etc. have some remaining inventory now, it could dry up over time if the ban stays in effect.
When I checked a few major retailers, Best Buy and Walmart reps confirmed they are still selling both models for now. I haven’t heard back from Amazon or Target yet. The order also only affects the US market, so the watches remain available from international Apple websites.
Of course there’s no guarantee stocks will last if Apple can no longer manufacture new units bound for the US. I may have a limited window to still find one from another seller, if getting the Series 9 or Ultra 2 is really important to me.
What Models are Impacted by the Ban?
The dispute relates to health tracking features that measure blood oxygen levels. So only the Series 9 and Ultra 2 are named in the order since they include that capability. Lower-end models like the SE without blood oxygen sensing are unaffected.
Additionally, this doesn’t impact previous generations like the Series 6 or Series 8 which also monitor blood oxygen. So Apple is able to continue selling tons of Apple Watch variants – it’s just the two newest ones that are temporarily blocked.
Why Is This Happening Now?
Apparently there’s been an ongoing legal feud between Apple and Masimo for a while already. Masimo creates health products including the Masimo W1 smartwatch. They have patents related to pulse oximeter technology, which measures oxygen saturation in the blood.
Back in January, a judge found that Apple infringed on some of those patents with the blood oxygen monitoring feature in their watches going back to the Series 6. Masimo’s CEO said the verdict helps ensure fairness and choice for consumers. Apple clearly disagrees and is actively fighting the decision.
What Happens Next?
The presidential review finishes on December 25th, so we should know soon if the White House plans to veto the ban or let it be enacted. Apple also mentioned they intend to appeal the International Trade Commission’s ruling in federal court.
I talked to a law professor who explained it’s rare for the President to overturn these types of orders. There is some precedent when Obama blocked an earlier iPhone/iPad import ban back in 2013. She said Apple could argue the health functionality makes this product ban riskier.
But since there are alternative devices that measure blood oxygen without infringing patents, the administration may opt not to interfere this time. I suppose we’ll find out in the next few days!
What if I Still Want To Buy an Apple Watch?
I’m waiting a bit longer to see whether the order sticks or gets overturned after Christmas. If it still concerns me, my best Apple alternative seems to be the SE model which lacks the disputed blood oxygen app.
I use an iPhone, so staying in the Apple wearables ecosystem would be preferable. The SE still offers most key smartwatch capabilities like fitness/workout tracking, notifications, apps, music control etc. It just misses certain advanced health features that may not be essential for me anyhow.
For Android users or those who want blood oxygen specifically, there are competitive brands like Fitbit and Garmin to consider instead of the latest Apple Watches. Though keep in mind even consumer devices can have limitations in medical-grade accuracy. I may pick up a dedicated pulse oximeter for supplemental readings at home.
And again, if my heart is really set on the Series 9 or Ultra 2, I’ll monitor the headlines over the next couple weeks. The shortage is only temporary if the ban gets overturned early next year. Since Apple clearly aims to fight it, I’m hopeful sales will resume before long. For now I’ll make do with what’s available, even if it means bypassing the newest Apple models I originally wanted.