In the United States only, Apple says its Watch Series 9 and Watch Ultra 2 are “currently unavailable.” A historic first in the history of the brand, caught up in a history of patents. The way out of this crisis is still uncertain.
When Apple announced that it would stop sales of its Watch Series 9 and Watch Ultra 2 at the end of the month, many observers believed it was a bluff. Some saw this as political pressure, to convince the White House to exercise a presidential veto in his favor. Others said that Apple was serious, but that it would inevitably find a solution by then. Missed.
Since December 21, Apple’s American site indicates that the latest Watches are “Currently Unavailable” (currently unavailable). Americans should still be able to find it in stores for a few days, before a total blackout which opens the door to an early renewal of the product.
The Apple Watch SE, the last survivor
On Apple’s US site, the Apple Watch SE is now the top watch on all pages. A difference with France, where the Watch Series 9, more complete and more expensive, is the star product. All the pages dedicated to the latest Apple watches indicate that it is impossible to order them, which is unprecedented.
What happened ? If you haven’t followed anything on this issue, here is a brief summary. Apple has been sued for several years by the medical company Massimo, which claims to have invented technology that allows it to measure the oxygen level in the blood. Apple would have liked to buy Masimo, before finally recruiting several of its employees without paying him any compensation. Masimo has not digested this episode and is trying to have the Watch banned for patent infringement. He won his case in October 2023, with a three-month deadline for Apple. The Californian brand hopes that the White House will overturn the court decision (it has already done so in the past), but Joe Biden seems rather determined by the idea of not choosing between two American companies. The deadline is December 25. After this date, it will be too late.
The US site does not present any Watch as “new”.
The FR site highlights the latest watches.
What does Apple risk? The strict ban on importing Watches into the United States (no luck, they are made in Asia). When resellers run out of stock, they will no longer be able to receive new Watches. A scenario that will force Apple to make unprecedented decisions, since the North American market is its first market.
And what about the other countries in all this? The legal duel only concerns the United States, which makes its extension to France and Europe unlikely. On the other hand, Masimo’s decision could have indirect repercussions. If Apple is forced to change its oxygen measurement algorithm, disable it or make a watch with a different sensor, one can easily imagine that the current model will be abandoned everywhere. As it stands, the Apple Watch seems to be forced to change, even though Apple probably didn’t intend to touch it before September 2024.
Since it has much fewer medical sensors (no ECG, no oxygen, no thermometer, etc.), the Apple Watch SE is spared. Apple must congratulate itself on having fragmented its range in this way, since this decision allows it to save the furniture. In any case, it will have to quickly find a solution, at the risk of seeing a huge hole in the “Wearables” section (watches, headphones, connected objects, etc.) in its next financial results.
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