Technologies

Apple Watch Series 9 and Ultra 2 Ban: The Latest and What You Need to Know

Apple is resuming sales of the Series 9 and Ultra 2 in the US. Here’s the latest on the patent dispute.

Apple will resume selling the Apple Watch Series 9 and Ultra 2 in the US, at least for now. The company had stopped selling the wearables because of an ongoing legal battle with health tech company Masimo over the blood oxygen detection feature in those watches.

The US International Trade Commission, the federal agency that handles trade-related mandates, previously issued an order that would prohibit Apple from importing the Series 9 and Ultra 2. The decision came after a US judge ruled in January that Apple had infringed on Masimo patents related to the technology used in Apple’s blood oxygen sensing system. The order was under presidential review until Dec. 25 and became final on Dec. 26 after US Trade Representative Katherine Tai decided not to reverse the ITC’s decision.

Apple received a temporary win Wednesday after an Appeals Court paused the ban, allowing Apple to resume selling the devices on Thursday. Apple says that the company expects the US Court of Appeals for the Federal Circuit to hear its motion as early as Jan. 15regarding a stay that would last for the entire duration of the appeal.

Apple is immediately restarting sales of both watches, and both the Series 9 and Ultra 2 watches became available to purchase on Apple’s website Thursday. According to a Wednesday statement, Apple is also working on changes to the Apple Watch Series 9 and Apple Watch Ultra 2 in order to keep the devices on sale.

«Apple strongly disagrees with the ITC’s decision. In addition to the appeal at the US Court of Appeals for the Federal Circuit, Apple is vigorously pursuing legal and technical options to ensure that we can continue to provide consumers with Apple Watch Series 9 and Apple Watch Ultra 2, including having submitted a proposed redesigned Apple Watch Series 9 and Apple Watch Ultra 2 for US Customs approval,» Apple’s statement said.

According to Bloomberg, Apple has been working on software changes to the Apple Watch’s blood oxygen detection feature, and the government is expected to decide on Jan. 12 whether those updates are sufficient.

The Apple Watch is one of Apple’s most important products and has helped make the company’s wearables, home and accessories business its second-largest product category, behind the iPhone. Apple has previously said the size of its wearables unit alone equals that of a Fortune 150 company. Smartwatches were also among the top products sold during the Black Friday period, according to holiday shopping data from Adobe.

Apple began pausing online sales of the affected watches on Dec. 21 and halted in-store sales on Dec. 24. The ITC order specifically applies to sales of the Apple Watch Series 9 and Ultra 2 through Apple in the US. The watches have remained on sale through Best Buy, Amazon, Walmart and Target. The Apple Watch SE, which does not include a blood oxygen detection feature, is not affected.

Apple issued the following statement in response to the initial ITC decision.

«At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to dedicate years to developing scientifically validated health, fitness and wellness features for Apple Watch, and we are inspired that millions of people around the world have benefited greatly from this product. We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.»

Masimo CEO Joe Kiani had said the January decision «should help restore fairness in the market.»

Can I buy the Apple Watch Series 9 and Ultra 2 from other retailers?

The Apple Watch Series 9 and Apple Watch Ultra 2 are both on sale again at retailers in addition to Apple. The ITC order affected US sales of the Apple Watch Series 9 and Ultra 2 through Apple, but 9to5Mac points out that the order prohibited Apple from importing these watches and selling them to resellers, which could limit the watches’ availability should both watches become restricted from sale at a later date.

The order only applied to sales in the US, meaning the Series 9 and Ultra 2 were still available abroad.

Best Buy and Walmart both confirmed that they would continue selling the Apple Watch Series 9 and Ultra 2. Amazon and Target did not respond to CNET’s question about whether the affected watches will continue to be sold, but all four retailers continued offering both watches through their websites.

Which Apple Watch models are affected?

The Apple Watch Series 9 and Apple Watch Ultra 2 are the only models affected. Since the legal dispute involves the blood oxygen sensing tech used in the Apple Watch, the Apple Watch SE continues to be sold as usual. The Apple Watch SE is the lower-end model in Apple’s lineup, meaning it’s missing some health tracking features like blood oxygen sensing and the ability to take an ECG.

Current Apple Watches with blood oxygen monitoring, which includes any non-SE models starting with the Series 6, also remain unaffected. There is no impact for those who already own the Apple Watch Series 9 or Ultra 2.

What is Masimo and why did Apple halt sales?

Masimo is a medical technology company that creates professional and consumer health products, including a smartwatch called the Masimo W1. The ITC order is the latest development in an ongoing legal dispute between Apple and Masimo, in which the latter accused Apple of infringing on its pulse oximeter patents.

What happens next?

Apple said it’s pursuing a range of legal and technical options to permanently resume Apple Watch Series 9 and Ultra 2 sales.

Apple is awaiting the US Court of Appeals for the Federal Circuit to hear the company’s motion for a stay on the temporary lifting of the sales ban, which is expected to take place as early as Jan. 15. Apple is requesting that sales be allowed during the entire duration of the company’s appeal.

Apple is also working on a proposed redesign in an effort to no longer infringe on Masimo’s patents, about which the customs office will review and issue a ruling on Jan. 12, according to Reuters.

Apple didn’t provide details about what the proposed redesign entails. Ahead of the decision being finalized, Bloomberg reported that Apple was developing a software change that alters how the watches monitor and present blood oxygen levels as a workaround.

If I can’t buy an Apple Watch Series 9 or Ultra 2, what are my alternatives?

Those with an iPhone who just want a smartwatch for tracking activity, workouts and sleep should consider the $249 Apple Watch SE. While it lacks ECG and blood oxygen monitoring, it can still provide notifications for high and low heart rates and irregular heart rhythms.

The Apple Watch SE is the best choice for those who are most comfortable in Apple’s ecosystem, but other options work across iPhone and Android, like the Fitbit Versa 4 and Garmin Venu 3.

Those who are specifically looking to monitor blood oxygen levels from home should consider buying a standalone pulse oximeter, said Jennifer Schrack, a professor in the Department of Epidemiology at the Johns Hopkins Bloomberg School of Public Health.

«Consumer wearables are a great supplemental way for people to stay informed about their health, but they are subject to error,» Schrack said over email. «It is important to remember that they are measuring blood oxygen using PPG sensors, which can be affected by things like skin tone.»

Technologies

We Played Nintendo Switch 2: Mario, Donkey Kong, Mouse, Camera and a Lot More

Technologies

Nintendo Switch 2: Every Reveal About the Console, New Games, Price, Release Date

The $450 console launches June 5, with Mario Kart World the highlight of its launch day game lineup.

The Nintendo Switch 2 console’s biggest reveal yet arrived Wednesday as part of the company’s latest Nintendo Direct event. This teed up a day of Switch 2 reveals that include its June 5 release date, a $450 price, its specs and its initial game lineup that extends from launch into 2026.

The console will be further buoyed by having Mario Kart World as a launch title, which will go on sale in either a $500 bundle with the Switch 2 or on its own for $80 — making the open-world racing game one of Nintendo’s most expensive yet. Other games announced, such as Donkey Kong Bananza, are being priced around $70, which matches the cost of 2023’s The Legend of Zelda: Tears of the Kingdom. That Zelda game and Breath of the Wild are among the original Switch titles that will get enhanced Nintendo Switch 2 Edition upgrades, a premium upgrade allowing players to get new features, modes and graphical enhancements that take advantage of the newer system’s capabilities.

Here are the top highlights from Nintendo’s console event, all of the games we’ve heard about so far (including new titles, Nintendo Switch 2 Editions and GameCube games coming to Nintendo Switch Online) and all of our coverage so far. You can also check out our Nintendo Switch 2 live blog for even more updates about the Switch 2 as we learn them.

Nintendo Switch 2 console

The Nintendo Switch 2’s specs saw a noticeable technical bump over the Switch. The Nintendo Switch 2 has a 7.9-inch, 1080p resolution LCD that supports a 120Hz refresh rate — matching what we now see on most Android phones. When the Switch 2 is docked, compatible games can run in 4K resolution. The new dock also includes a cooling fan.

The Switch 2 comes with 256GB of internal storage, and the new Switch 2 Game Cards will load games faster. For digital libraries, however, the Switch 2 will only work with microSD Express cards, which are different from the microSD cards that are compatible with the prior Nintendo Switch. Nintendo will have a Software Transfer feature available to help move games and data from the original Switch to the Switch 2.

The new Joy-Con for the controllers will support mouse controls, and a new C button will be part of a new GameChat communication feature that allows both voice and video chat. There’s also a Nintendo Switch 2 Camera, allowing players to see each other.

The Switch 2 also adds a second USB-C port to the top of the system, which Nintendo says can help connect its new camera accessory or charge the console when playing in tabletop mode. Nintendo also revealed a new Switch 2 Pro Controller with the C button and customizable GL and GR buttons on the back.

Following the presentation, Nintendo unveiled the system’s price of $450 in the US. It will also sell the Switch 2 bundled with a digital version of Mario Kart World for $500.

Mario Kart World

Mario Kart World removes its traditional boundaries and lets drivers roam freely across an entire world of race courses. The game will get its own Nintendo Direct later this month, where we’ll see additional details, but we already know it’ll include traditional races and a Free Roam mode, much like in the Forza Horizon series.

Getting the game bundled for an extra $50 on the cost of the Switch 2 might be the move if you are interested in the game, because Nintendo announced on its website that standalone copies of Mario Kart World will cost $80.

Joy-Con 2 C button and GameChat

Nintendo’s rolling out its new C button across several new Switch 2 controllers. The button will be used for the new GameChat communication features without a headset. The button will be used alongside a microphone on the console itself, which Nintendo says can be used whether it’s docked to a TV or in handheld mode.

In its teaser video, Nintendo promises the microphone will be able to cancel out loud background noises. GameChat will also work with a Nintendo Switch 2 Camera, allowing video chat and various camera-based game modes in supported titles. GameChat will be free at launch through March 31, 2026.

Nintendo Switch 2 Edition games upgrade titles

The Nintendo Switch 2 will play three types of games: original Switch games, Switch 2 games and Switch 2 Edition games that will receive substantial enhancements. For many of these Switch 2 Edition games, you’ll need to buy an upgrade pack if you own the original for Switch. Many of them will get more than just enhanced graphics in the upgrade; for example, Super Mario Party Jamboree will get new games that support the new Joy-Cons’ mouse controls, audio recognition and video camera gameplay options through the Switch 2 Camera.

Other Nintendo Switch games that are getting Switch 2 Edition options include The Legend of Zelda Breath of the Wild, The Legend of Zelda Tears of the Kingdom, Kirby and the Forgotten Land, Metroid Prime 4 Beyond and Pokemon Legends: Z-A. Enhancements vary: The Zelda games will start working with a companion phone app for maps and sending schematics to friends, while Kirby will get a new story that’s exclusive to the Switch 2 Edition. On the third-party side, Civilization 7 will get mouse controls.

Nintendo did not announce what upgrade packs will cost. However, some Switch games will get free updates that will improve performance or enhance features when playing them on the Switch 2. The Switch games getting these updates include:

Hyrule Warriors: Age of Imprisonment

Hyrule Warriors: Age of Imprisonment is a new game set in the world of Zelda that tells the story that leads into The Legend of Zelda: Tears of the Kingdom. This appears to be similar to how Hyrule Warriors: Age of Calamity told the story of a war that led to the events of Breath of the Wild. The teaser shows Zelda discovering that she’s arrived in the past of Hyrule, and the game will expand on how she gets involved in the corresponding Imprisonment War.

Nintendo Switch 2 games

Several other first- and third-party games were spotlighted during the Switch 2 Direct. These include Donkey Bananza, one of the first 3D platforming games featuring DK since 1999’s Donkey Kong 64. Kirby will also return to the racing genre in Kirby Air Riders, which comes more than 20 years after the GameCube racer Kirby’s Air Ride. DragXDrive will use mouse controls to control a futuristic wheelchair basketball game in which players will simulate push and pull motions to control their character.

An onslaught of Switch 2 third-party games were quickly shuffled through during the Direct, which I list below. An unnamed James Bond game is in development at Hitman studio IO Interactive, as is a darker title from Elden Ring creator FromSoftware called The Duskbloods, which will be exclusive to the Switch 2.

The full list of announced Nintendo Switch 2 games includes:

Borderlands 4
Bravely Default Flying Fairy HD Remaster
Cyberpunk 2077: Ultimate Edition
Daemon X Machina: Titanic Scion
Deltarune
Donkey Kong Bananza
Drag x Drive
EA Sports FC
EA Sports Madden NFL
Elden Ring Tarnished Edition
Enter the Gungeon 2
Fast Fusion
Final Fantasy 7 Remake Intergrade
Fortnite
Hades 2
Hitman World of Assassination — Signature Edition
Hogwarts Legacy
Hollow Knight: Silksong
Hyrule Warriors: Age of Imprisonment
Kirby Air Riders
Kirby and the Forgotten Land — Nintendo Switch 2 Edition and Star-Crossed World
Kunitsu-Gai: Path of the Goddess
Mario Kart World
Metroid Prime 4: Beyond — Nintendo Switch 2 Edition
NBA 2K
Nintendo Switch 2 Welcome Tour
Nobunaga’s Ambition: Awakening Complete Edition
Pokemon Legends: Z-A — Nintendo Switch 2 Edition
Project 007
Puyo Puyo Tetris 2S
Rune Factory: Guardians of Azuma — Nintendo Switch 2 Edition
Sid Meier’s Civilization 7 — Nintendo Switch 2 Edition
Split Fiction
Star Wars Outlaws
Starseeker: Astroneer Expeditions
Street Fighter 6
Super Mario Party Jamboree — Nintendo Switch 2 Edition and Jamboree TV
Survival Kids
The Duskbloods
The Legend of Zelda: Breath of the Wild — Nintendo Switch 2 Edition
The Legend of Zelda: Tears of the Kingdom — Nintendo Switch 2 Edition
Tony Hawk’s Pro Skater 3 and 4
WWE 2K
Yakuza 0 Definitive Edition

Among these titles, you can see the full list of June 5 Switch 2 launch day games here.

Nintendo GameCube library coming to Switch 2

The Nintendo Switch Online game library will add GameCube games to the Switch 2. On launch day, these games will initially include The Legend of Zelda: The Wind Waker, SoulCalibur 2 and F-Zero GX, with each game getting enhanced graphics. Online multiplayer will also be added to certain titles. Super Mario Sunshine, Super Mario Strikers and Luigi’s Mansion are among the games set to arrive later. At launch, Nintendo will also sell a GameCube controller, which will be wireless and include a C button for GameChat.