Why the Apple Watch will almost disappear from shelves on Monday, December 25, in the United States

This is unprecedented for Apple in the United States: since December 21, due to a patent battle, Americans can no longer buy two of the three Apple Watch models, on the brand’s website at apple: connected watches will also disappear from all American Apple Stores. Unless Joe Biden vetoes it.

An – improbable – decision by the American president against the ban on importing Apple Watches: this is one of the possibilities, as Barack Obama did in 2013. At the time, Apple was fighting with Samsung over other patents, and the conflict almost led to an import ban on the iPhone 4 and iPad 2 (3G).

But Joe Biden is not Barack Obama, and 10 years later, the battle is not against the Korean Samsung, but against another American company, Masimo, specializing in health and patient monitoring.

On October 26, the American International Trade Commission (ITC) confirmed a ruling from last January, according to which Apple had violated several Masimo patents relating to the measurement of the oxygen level in the blood, by its connected watches. The ITC granted a 60-day deadline for a review by the White House, before a possible veto by Joe Biden. Deadline which ends this Monday, December 25.

The software update option

What are the other hypotheses for Apple? The simplest is a software update intended for the Apple Watch Series 9 and Ultra 2, which would modify the way in which the measurement of the oxygen level is carried out, hoping to circumvent the field of patents (Masimo has already warned that this would not be enough); or which would deactivate this measure, at least temporarily.

Two solutions would remain: buy Masimo, purely and simply, for “fix the problem”. The company has a turnover of over a billion dollars. Apple could easily afford it. Or negotiate with Masimo, paying for a retroactive license on each Apple Watch Series 6, 7, 8 and 9, sold since 2020, as well as on each Apple Watch Ultra and Ultra 2.

Revenge in the air

Masimo, after being approached by Apple 10 years ago and courted, felt betrayed after the poaching of several of her pillars. Its CEO has indicated that he is willing to reach an agreement with Apple, but Apple would still have to call us, suggested Joe Kiani. Still: there is revenge in the air.

In the meantime, concretely, after the rejection of Apple’s last appeal, on December 20, on the American online Apple Store, the Apple Watch Series 9 and Ultra 2 are presented as “unavailable at the moment” since Thursday December 21. Starting tomorrow, Monday December 25, only in the United States again, these two models will also disappear from the Apple brand’s stores. The shortfall over this Christmas period alone could reach $400 million.

After-sales service not possible

On the other hand, brands like Best Buy, Target or Walmart will be able to continue selling them until stocks last. As for the Apple Watch SE, which does not have an oxygen level sensor, it is not affected by the ban.

The case has another consequence for American customers, Apple Watch users in the United States: from Monday, Apple will no longer be able to provide after-sales service for the watches concerned, which are no longer under warranty, for a period of time. simple reason: most often, the manufacturer simply replaced the Apple Watch with a new copy.