Apple Starts Selling Watch Series 9 and Ultra 2 Without Blood Oxygen Feature in the US

After the US Court of Appeals for the Federal Circuit denied yesterday Apple’s request for a pause of the ban of the Apple Watch Series 9 and Ultra 2 in the US, the two Watch models with the patent-infringing blood oxygen features are once again banned in the US starting today. However, the ban won’t go into effect until 5 PM ET today, and Apple has already found a way to continue selling its Watch Series 9 and Ultra 2 in the US.

Yesterday, the company told 9to5Mac that starting today, it will start selling the Apple Watch Series 9 and Ultra 2 in the US on both the Apple online store and the company’s retail stores, but with a catch: the blood oxygen feature that infringes on two patents from medical technology company Masimo is now disabled.

In its statement, Apple explained that consumers who purchased the two Apple Watch models before the ban was resumed yesterday will still have access to the blood oxygen feature. That feature will only be disabled on Watch Series 9 and Ultra 2 models that Apple sells in the US starting today. While the Blood Oxygen app will still be available on these devices, the app will display the following message when users try to open it: “The Blood Oxygen app is no longer available. Learn more in the Health app on your iPhone.”

You can find Apple’s full statement shared with 9to5Mac below:

“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 Apple Watch with limited disruption. These steps include introducing a version of 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 6am PT on January 18, and from Apple Stores starting January 18.”

To be clear, Apple’s patent dispute with Masimo only affects the US market. While the company is still appealing the US ITC ruling claiming that its Watch Series 9 and Ultra 2 infringe on the two patents owned by Masimo, disabling the blood oxygen feature via a software update apparently was the best workaround Apple could find to keep selling its two Watch models in the US.