Apple Watch Series 9 and Ultra 2 models without pulse oximeter go on sale in U.S. tomorrow
Earlier today we told you that a federal appeals court had ruled that Apple could not have the Exclusion Order imposed by the International Trade Commission (ITC) on certain Apple Watch models put on hold throughout the entire appeals process. As a result, the temporary stay that Apple had been awarded is no longer valid. Despite this legal setback, Apple still plans on selling the Apple Watch Series 9 and Apple Watch Ultra 2 in U.S. physical and virtual Apple Stores starting tomorrow. How can this be done?
Apple recently submitted to U.S. Customs a redesigned version of the offending watches with the pulse oximeter on these units disabled. It is one patent owned by Masimo that Apple infringed on with the pulse oximeter feature that has caused this whole legal mess. Customs ruled that Apple can sell the watches in the U.S. if the pulse oximeter is disabled and the tech giant plans on doing just that starting tomorrow at 6 am PST/9 am EST at apple.com and tomorrow during the usual hours at U.S. Apple Stores.
Apple left a statement with 9to5Mac which said, "Apple’s appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the USITC’s decision. We strongly disagree with the USITC decision and resulting orders. Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to the Apple Watch with limited disruption."
Apple added, "These steps include introducing a version of the Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature. There is no impact to Apple Watch units previously purchased that include the Blood Oxygen feature. Apple Watch Series 9 and Apple Watch Ultra 2 without the Blood Oxygen feature will become available from apple.com starting 6 am PT on January 18, and from Apple Stores starting January 18."
Apple didn't mention if it plans on reducing the price of the affected watches since the pulse oximeter will be disabled. Anyone who tries to use it on an Apple Watch Series 9 or Apple Watch Ultra 2 model purchased tomorrow will see a message that says, "The Blood Oxygen app is no longer available. Learn more in the Health app on your iPhone."
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