Apple Watch ban: everything you need to know

8 months ago

A patent infringement lawsuit is causing Apple to abruptly extremity trading its 2 astir caller Apple Watch models, nan Series 9 and Ultra 2. Its website froze income arsenic of December 21st, and they’re group to vanish from beingness Apple Store shelves aft December 24th. The move came successful consequence to an import prohibition handed down by nan US International Trade Commission, which ruled successful October that Apple infringed connected patents for beat oximetry tech made by Masimo, a aesculapian instrumentality maker.

This intends Apple tin nary longer import and waste its newest Apple Watch models successful nan US — astatine slightest for nan clip being. The institution is already trying to come up pinch a solution to debar nan ban, but it mightiness return a while until nan conflict is wholly resolved.

If you want to support up pinch each nan latest connected Apple’s ineligible battle, cheque retired nan news below.

The Apple Watch prohibition is preventing repairs of galore models
Photo by Vjeran Pavic / The Verge
Not only has Apple halted online sales of nan Apple Watch Series 9 and Apple Watch Ultra Series 2 (with in-store income to follow), but nan company’s ongoing patent rift pinch aesculapian instrumentality shaper Masimo has different ripple effect: out-of-warranty hardware repairs for respective Apple Watch models are now unavailable to customers. That’s according to Bloomberg’s Mark Gurman, who reports that Apple has informed customer work labor that out-of-warranty hardware repairs and full portion replacements for nan Apple Watch Series 6 onward (with nan objection of nan SE) will beryllium unavailable for nan long of nan prohibition imposed by nan US International Trade Commission.
If you ain 1 of nan models included successful nan prohibition and your instrumentality is retired of warranty, well, you should beryllium other observant pinch Apple’s smartwatch starting correct now. Products nether warranty (or nan extended AppleCare Plus program) aren’t affected by this situation. Customers will beryllium notified erstwhile hardware replacements are permitted, according to Gurman’s report.
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Apple loses effort to halt Apple Watch income ban
Photo by Amelia Holowaty Krales / The Verge
Apple has mislaid its bid to hold an import and income prohibition connected nan Watch Series 9 and Watch Ultra 2. In a filing connected Wednesday, nan US International Trade Commission (ITC) denied Apple’s mobility to enactment nan prohibition while awaiting an appeal.
On Monday, Apple announced its plans to pull nan Watch Series 9 and Ultra 2 from shop shelves successful consequence to an October ruling from nan ITC, which said nan company’s SpO2 sensors infringed connected patents from aesculapian instrumentality shaper Masimo. The past time to acquisition nan Watch Series 9 and Ultra 2 from Apple stores is December 24th, while nan import prohibition officially goes into effect connected December 26th. Apple is already exploring ways it tin debar nan ban, including by implementing package changes, according to Bloomberg.
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I don’t deliberation Biden is peculiarly focused connected nan Apple Watch ban.
Press Secretary Karine Jean-Pierre said yesterday that nan management is “tracking this lawsuit and nan December 25th deadline” — aft which imports of caller watches will beryllium banned complete a patent dispute.
Jean-Pierre indicated that nan US Trade Representative will beryllium nan 1 making nan determination connected whether to artifact nan ban:
“Ambassador Tai is evidently cautiously considering each of nan factors successful this case, truthful I don’t want to get up of immoderate decisions that whitethorn travel retired of USTR. But she surely has nan authority to decide.”
Masimo CEO thinks Apple can’t codification its measurement retired of nan Watch ban.
Joe Kiani, whose company’s patent claims whitethorn halt sales of Apple’s newest smartwatches, explained his skepticism to Bloomberg.
“I don’t deliberation that could activity — it shouldn’t — because our patents are not astir nan software,” he said. “They are astir nan hardware pinch nan software.”
Former US Patent Office head Andrei Iancu told The Verge Apple has a chance, albeit a slim one, depending connected nan patents’ wording.
Why the Apple Watch is being banned — and really Apple tin debar it
The Apple Watch Series 9 and Ultra 2 will beryllium unavailable for bid successful nan US aft December 21st astatine 3PM ET.
Photo by Amelia Holowaty Krales / The Verge
Earlier this year, nan US International Trade Commission (ITC) ruled that Apple had infringed connected 2 patents from aesculapian instrumentality shaper Masimo. As a result, nan ITC said it would enforce an import prohibition connected nan Apple Watch Series 9 and Ultra 2 starting December 26th. At nan clip it was difficult to judge that this would really travel to pass: Apple gets sued each nan time, and moreover erstwhile it loses, really often does it really look melodramatic consequences?
Well, now would beryllium 1 of those times. Experts opportunity that, barring a Christmas miracle, it’s improbable that Apple will find a measurement to flight nan ban. Case successful point, nan institution shocked everyone yesterday erstwhile it decided to preemptively propulsion nan watches from its online store starting December 21st astatine 3PM ET. And aft nan 24th, they’ll vanish from Apple Stores, too.
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Apple is scrambling connected package changes to effort to resoluteness nan ITC’s Apple Watch ban.
On Monday evening, Bloomberg reported nan improvement and a fewer different specifications astir Apple’s consequence to the ban.
Apple to propulsion Apple Watch Series 9 and Ultra 2 this week owed to ITC ban
Apple will region trading nan Series 9 and Ultra 2 starting December 21st.
Photo by Amelia Holowaty Krales / The Verge
After 3PM ET connected December 21st, you won’t beryllium capable to bargain nan Apple Watch Series 9 aliases Ultra 2. The past time for pickup aliases transportation of these models from Apple’s unit stores is December 24th. The reason? The institution says it’s to preemptively comply pinch an ITC import prohibition pursuing a patent conflict pinch aesculapian instrumentality shaper Masimo complete its SpO2 sensor.
The news was first reported by 9to5Mac, and Apple confirmed nan news to The Verge. The prohibition only affects nan flagship Series 9 and Ultra 2 models. Since nan Apple Watch SE does not person nan SpO2 sensor, it remains unaffected. Previous models of nan Apple Watch pinch nan humor oxygen sensor will besides not beryllium impacted. The ITC prohibition besides only impacts income of nan Series 9 and Ultra 2 wrong nan US — nan watches will still beryllium disposable for waste abroad.
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