Currently, the devices affected by this ban include not only the Apple Watch Series 9 and Apple Watch Ultra 2, but any models of the device in the Ultra line and Series 6 through 8. This is because all of these devices include the pulse oximeter feature that Masimo owns the patent on. The only newer Apple Watch model that is entirely unaffected by the ban and still readily available at all retailers is the Apple Watch SE.
Prior to the deadline, an Apple spokesperson said in a statement obtained by CNN that the company “strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers” and that it would be “taking all measures” to restore the flow of Apple Watch products.
With the ban officially enacted, Apple’s top priority is to find a way to modify the Apple Watches, either on the software or hardware fronts, so that they no longer violate Masimo’s patent. It isn’t clear how long this process will take, nor how likely it will be for the International Trade Commission to accept Apple’s proposed alterations.