Apple Watch now fully available online and in-store after import ban stay

AppleInsider

Apple managed to put the Apple Watch import ban on hold, which has allowed the company to continue online and in-store sales of Apple Watch Series 9 and Apple Watch Ultra 2.

Apple Watch Ultra 2

In-store Apple Watch sales resumed on Wednesday after Apple convinced the Federal Court of Appeals to stay the ITC import ban. Now, a day later, Apple has resumed online sales of the Apple Watch Series 9 and Apple Watch Ultra 2.

The Apple Watch main page still says "currently unavailable." However, if you click "shop Watch," the link takes you to a page where all three models are available.

The "Currently Unavailable" tags on the recent Apple Watch models were unprecedented, as no other patent lawsuit made it as far as Masimo's. The International Trade Commission recommended an import ban on any Apple Watch with a blood oxygen detection, which included Apple's latest models.

A full ban on the Apple Watch Series 9 and Apple Watch Ultra 2 could still occur, but how much that affects Apple depends on when the ban would go into place. It will likely take weeks, if not months, for appeals to conclude.

If a ruling is held off until September 2024, Apple will be able to release new Apple Watch models, presumably with a workaround that would avoid a ban. So, even if the existing models are banned from import, Apple will have removed them from sale anyway to make way for the new models.

The Apple Watch Series 9 is available in an aluminum case starting at $399. Apple Watch Ultra 2 starts at $799.



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blastdoor

So buy while you can!

I like my series 9, but I never use the oxygen sensor. I think apple could drop the feature and it would not hurt sales. It would just hurt the people who really do need to know their oxygen levels.

But I guess that’s the point— to make those people buy dedicated devices that maximize profits for traditional health care companies.

pgkavana

Reading into this, Apple look underhanded.

Apple hired away a ton of Masimo's staff. 

All of a sudden a technology appears in a Apple product that Masimo's appears to have developed. 
Four  options.

1) apple hired them away and instructed them to copy the technology. Then use Apples huge bank of lawyers and money to squash the smaller company.


2) these new hires decided to copy Masimo's technology without Apple's knowledge and pass it off as new. 

3) It was developed it independently and it is a coincidence. 

4) Masimo's is wrong. 


My money is on one or two. 

chasm

It is helpful to remember that using light to detect blood oxygen levels is not one of the contested patents — such a method was developed long before Masimo existed. It is just this particular method of accomplishing that which is in dispute.

It’s also worth mentioning that Masimo doesn’t actually make a product that uses these patents for blood-oxygen detection, so while their patent claims may or may not be proven, they cannot claim that Apple is hurting them financially (this was also established in the original trial).

Ultimately, Masimo may or may not win once the matter is resolved legally, but won’t have much to show for it at the end. About the best they can hope for financially is to have Apple Pay the enormous legal bills they are likely running up.

wonkothesane

Just a reminder: law doesn’t always coincide with your personal sense of justice. Even, if all facts were on the table. If not, it’s hard to judge  in addition, a legal outcome is very often not “algorithmic” in the sense of being predictable. There are  uncertainties, competence and empathy / bias of the people involved , and small things like whether somebody has a good day in court, or not. Meaning: the same case with different people at a different time might have a different outcome. Different country not even considered. 

Upshot for the consumer: vote with your wallet, as always. 

meterestnz

I have a different take on this issue. They are only assumptions however so disagree if you like. 

I tend to believe that Apple looked at the patents and decided they would have a chance of having them ruled invalid, so they went ahead with their own plans for their design. 

The hiring of staff is perfectly legal and is just a red herring. It’s just a sound bite to gain public support against Apple.

The design of the Apple Watch already incorporated the sensor  base design from the beginning and Apple just added the light sensor to the existing cluster. 

It seems like Masemo’s patents are very similar to what Apple was already using for their style. 

   

tyler82

Can we get an Apple Watch with more than half a day of battery life please? 

Mike Wuerthele

tyler82 said:

Can we get an Apple Watch with more than half a day of battery life please? 

Apple Watch Ultra is right there.

dewme

tyler82 said:

Can we get an Apple Watch with more than half a day of battery life please? 

If you’re only getting a half day of battery life you should check your watch’s battery health. If it’s less than 80% you need a new battery. If your watch is in good condition and you are happy with its overall functionality the money spent on a battery replacement is well worth the investment. After the battery replacement (they actually issued me an entirely new watch) it usually stays well above 40% charge after a full day. 

My Apple Watch Series 5 was starting to suffer from poor battery life so when the battery health got below 80% I spent the $99 and got a replacement watch. Since it’s a stainless steel version with sapphire crystal and LTE I fully expect that I’ll get at least another 3 years of use out of it. No matter how much I’d love to get a brand new Ultra 2, my Series 5 is in pristine condition and functions wonderfully. 

fred1

tyler82 said:

Can we get an Apple Watch with more than half a day of battery life please? 

Try the series 8. Mine last two days of constant wear and use. (WiFi only model).

charlesn

blastdoor said:

So buy while you can!

I like my series 9, but I never use the oxygen sensor. I think apple could drop the feature and it would not hurt sales. It would just hurt the people who really do need to know their oxygen levels.

But I guess that’s the point— to make those people buy dedicated devices that maximize profits for traditional health care companies.

No, that's not the point at all. Numerous other watch brands--Garmin, Fitbit, Withings, Samsung--include pulse oximeters. They are not being sued. What's at issue here is whether Apple violated Masimo patents in how it implemented pulse oximetry in Apple Watch. And even assuming they did, the "fix" will not be eliminating pulse oximetry from Apple Watch but a redesign of how it's implemented so as to not infringe on the contested patents. 

roundaboutnow

tyler82 said:

Can we get an Apple Watch with more than half a day of battery life please? 

My Series 3 original model from a few years ago (Wi-Fi) still lasts well over a day. I can't say if this is typical, but I don't think I'm doing anything special.