Sales of Apple Watch Series 9 and Apple Watch Ultra 2 are banned again in the United States, but Apple plans to remove the blood oxygen concentration measurement function and continue selling them.

The Apple Watch series of smart watches developed by Apple is equipped with a blood oxygen concentration measurement function that can measure the level of oxygen taken into the blood. However, it has been pointed out that this blood oxygen measurement function infringes the patent of Masimo , a medical device manufacturer based in California, USA, and Apple has announced that the Apple Watch Series 9 and Apple Watch Ultra released in 2023. 2 had been ordered to cease sales. Regarding this matter, Apple requested that the sales ban be temporarily suspended during the appeal period, and sales were allowed to resume on December 27th, but the appeals court rejected this request and the sales ban was suspended on January 18, 2024. Sales of the Apple Watch Series 9/Ultra 2 have been discontinued again.

Apple Watch Series 9 and Ultra 2 sales ban resumes tomorrow, appeals court rules - 9to5Mac
https://9to5mac.com/2024/01/17/apple-watch-series-9-ultra-2-ban-part-two/

Apple again banned from selling watches in US with blood oxygen sensor
https://www.cnbc.com/2024/01/17/apple-again-banned-from-selling-watches-in-us-with-blood-oxygen-sensor.html

Apple (AAPL) Must Stop Selling Watches With Blood Oxygen Feature - Bloomberg
https://www.bloomberg.com/news/articles/2024-01-17/apple-must-stop-selling-watches-with-blood-oxygen-feature

Apple Watch Series 6 and later models of smart watches developed by Apple are equipped with a blood oxygen concentration measurement function that can measure the oxygen concentration in the blood by reading the reflected light of the LED illuminated on the blood vessels in the wrist.

Summary of how to use the ``Blood Oxygen Wellness App'' that can measure blood oxygen concentration with ``Apple Watch Series 6'' - GIGAZINE

However, in 2021, medical device manufacturer Masimo filed a lawsuit claiming that ``the blood oxygen concentration measurement function installed in Apple Watch Series 6 and later models infringes Masimo's patent.'' In October 2023, the U.S. International Trade Commission (ITC) acknowledged Masimo's claim and issued an exclusion order against Apple, stating that ``import into the United States is prohibited unless this feature is removed.''

In compliance with ICT orders, Apple has suspended sales of Apple Watch Series 9/Ultra 2 from December 21, 2023 on the official web store and from December 24 at official retail stores in the United States.

After that, Apple appealed to the court to postpone the import ban order, and since this was granted, official sales of Apple Watch Series 9/Ultra 2 have resumed. The resumption of sales is pending until the U.S. Customs and Border Protection determines whether the proposed changes to the Apple Watch submitted by Apple can avoid patent issues.

And on January 17, the Federal Circuit Court of Appeals denied Apple's request to suspend the ban pending appeal. As a result, official sales of Apple Watch Series 9/Ultra 2 in the United States will be prohibited again from January 18th.

'Even the biggest and most powerful companies must respect the intellectual rights of American inventors and hold them accountable when they infringe on the patents of others,' Masimo CEO Joe Chiani said in a statement. We have to deal with the consequences,'' he said, arguing that the move shows the integrity of the American patent system.

Apple has already submitted a software redesign proposal to remove the problematic blood oxygen concentration measurement function from Apple Watch Series 9/Ultra 2.

Blood oxygen measurement function will be removed from Apple Watch Series 9/Ultra 2 to avoid import ban due to patent infringement - GIGAZINE

Masimo's redesign proposal, which does not infringe on patents, has been approved by the country's Customs and Border Protection Agency, and Apple has stopped selling the Apple Watch Series 9/Ultra 2, which has been updated to remove the blood oxygen level measurement function, as of local time. The service will start from January 18th both online and in physical stores.

Apple says it will begin selling Apple Watch Series 9 and Ultra 2 without the blood oxygen feature tomorrow - 9to5Mac
https://9to5mac.com/2024/01/17/apple-watch-series-9-ultra-2-without-blood-oxygen-sensor/

Apple told tech media outlet 9to5Mac, ``Apple's appeal is ongoing and we believe the U.S. Court of Appeals for the Federal Circuit should reverse the ITC's decision. Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers can use the Apple Watch with minimal disruption.'