The Latest in Apple’s Patent Dispute Over the Ultra 2 and Series 9 Smartwatches

Apple will now sell Ultra 2 and Series 9 Apple Watches with the blood oxygen sensor disabled, in compliance with a federal court order. This means an earlier U.S. International Trade Commission (ITC) ban is back in effect while the dispute with Masimo plays out.

In October, the ITC found that Apple’s smartwatch blood oxygen sensor—which uses a combination of lights and sensors to measure the percentage of oxygen that your red blood cells carry from your lungs to the rest of your body—violated patents owned by Masimo, a medical technology company based in California. This ITC ruling upheld a decision handed down in January 2023. 

Masimo alleged in court that Apple hired several of its top executives and other employees before introducing a watch with Masimo’s patented technology. Apple says that it strongly disagrees with the ITC ruling, which it has appealed. The two companies have not reached a licensing agreement for the technology. 

The modified Ultra 2 and Series 9 watches can be purchased from Apple directly, both online and in stores, but you won’t be able to access the blood-oxygen measurement feature. "Given how quickly Apple made the change, we’re almost certainly looking at a software fix, and that means the company could feasibly reactivate the sensor somewhere down the road," says Rich Fisco, head of CR’s electronics testing.

The ban doesn’t impact third-party sellers such as Amazon and Best Buy, so you may be able to snag a fully equipped version before existing supplies run out. It also doesn’t apply to watches sold outside of the U.S., which will continue to have the working sensor, or other Apple Watch models, like the Series 8 and SE.

The sales ban won’t affect you or your use of the blood oxygen sensor if you already own an Ultra 2 or Series 9, Apple says. We’ll keep you updated as the story progresses.