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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

Google races to put Gemini at the center of Android before Apple’s AI reboot

Google is using its latest Android rollout to position Gemini as the AI layer across phones, Chrome, laptops and cars.

Google is using its latest Android rollout to make Gemini less of a chatbot and more of an operating layer across the phone, browser, car and laptop, just weeks before Apple is expected to show its own Gemini-powered Apple Intelligence reboot at WWDC.
Ahead of its Google I/O developer conference next week, the company previewed a number of Android updates, including AI-powered app automation, a smarter version of Chrome on Android, new tools for creators, a redesigned Android Auto experience, and a sweeping set of new security features.
Alphabet is counting on Gemini to help Google compete directly with OpenAI and Anthropic in the market for artificial intelligence models and services, while also serving as the AI backbone across its expansive portfolio of products, including Android. Meanwhile, Gemini is powering part of Apple’s new AI strategy, giving Google a role in the iPhone maker’s reset even as it races to prove its own version of personal AI on the phone is further along.
Sameer Samat, who oversees Google’s Android ecosystem, told CNBC that Google is rebuilding parts of Android around Gemini Intelligence to help users complete everyday tasks more easily.
“We’re transitioning from an operating system to an intelligence system,” he said.
As part of Tuesday’s announcements. Google said Gemini Intelligence will be able to move across apps, understand what’s on the screen and complete tasks that would normally require a user to jump between multiple services. That means Android is moving beyond the traditional assistant model, where users ask a question and get an answer, and acting more like an agent.
For instance, Google says Gemini can pull relevant information from Gmail, build shopping carts and book reservations. Samat gave the example of asking Gemini to look at the guest list for a barbecue, build a menu, add ingredients to an Instacart list and return for approval before checkout.
A big concern surrounding agentic AI involves software taking action on a user’s behalf without permissions. Samat said Gemini will come back to the user before completing a transaction, adding, “the human is always in the loop.”
Four months after announcing its Gemini deal with Google, Apple is under pressure to show a more capable version of Apple Intelligence, which has been a relative laggard on the market. Apple has long framed privacy, hardware integration and control of the user experience as its advantages.
Google’s Android push is designed to show it can bring AI deeper into the device experience while still giving users control over what Gemini can see, where it can act and when it needs confirmation.
The app automation features will roll out in waves, starting with the latest Samsung Galaxy and Google Pixel phones this summer, before expanding across more Android devices, including watches, cars, glasses and laptops later this year.
The company is also redesigning Android Auto around Gemini, turning the car into another major surface for its assistant. Android Auto is in more than 250 million cars, and Google says the new release includes its biggest maps update in a decade and Gemini-powered help with tasks like ordering dinner while driving.
Alphabet’s AI strategy has been embraced by Wall Street, which has pushed the company’s stock price up more than 140% in the past year, compared to Apple’s roughly 40% gain. Investors now want to see how Gemini can become more central to the products people use every day.
WATCH: Alphabet briefly tops Nvidia after report of $200 billion Anthropic cloud deal

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Technologies

Waymo recalls 3,800 robotaxis after glitch allowed some vehicles to ‘drive into standing water’

Waymo issued a voluntary recall of about 3,800 of its robotaxis to fix software issues that could allow them to drive into flooded roadways.

Waymo is recalling about 3,800 robotaxis in the U.S. to fix software issues that could allow them to “drive onto a flooded roadway,” according to a letter on the National Highway Traffic Safety Administration’s website.
The voluntary recall is for Waymo vehicles that use the company’s fifth and sixth generation automated driving systems (or ADS), the U.S. auto safety regulator said in the letter posted Tuesday.
Waymo autonomous vehicles in Austin, Texas, were seen on camera driving onto a flooded street and stalling, requiring other drivers to navigate around them. It’s the latest example of a safety-related issue for the Alphabet-owned AV unit that’s rapidly bolstering its fleet of vehicles and entering new U.S. markets.
Waymo has drawn criticism for its vehicles failing to yield to school buses in Austin, and for the performance of its vehicles during widespread power outages in San Francisco in December, when robotaxis halted in traffic, causing gridlock.
The company said in a statement on Tuesday that it’s “identified an area of improvement regarding untraversable flooded lanes specific to higher-speed roadways,” and opted to file a “voluntary software recall” with the NHTSA.
“Waymo provides over half a million trips every week in some of the most challenging driving environments across the U.S., and safety is our primary priority,” the company said.
Waymo added that it’s working on “additional software safeguards” and has put “mitigations” in place, limiting where its robotaxis operate during extreme weather, so that they avoid “areas where flash flooding might occur” in periods of intense rain.
WATCH: Waymo launches new autonomous system in Chinese-made vehicle

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Technologies

Qualcomm tumbles 13% as semiconductor stocks retreat from historic AI-fueled surge

Semiconductor equities reversed sharply after a broad AI-driven advance, with Qualcomm suffering its worst day since 2020 amid inflation concerns and rising oil prices.

Semiconductor stocks fell sharply on Tuesday, reversing course after an extensive rally that had expanded the artificial intelligence investment theme well past Nvidia and driven the industry to unprecedented levels.

Qualcomm plunged 13% and was on track for its steepest single-day decline since 2020. Intel shed 8%, while On Semiconductor and Skyworks Solutions each lost more than 6%. The iShares Semiconductor ETF, which benchmarks the overall sector, fell 5%.

The sell-off came after a key gauge of consumer prices came in above forecasts, and as conflict in Iran pushed crude oil higher—prompting investors to shift away from riskier assets.

The preceding advance had widened the AI opportunity set beyond longtime industry leader Nvidia, which for much of the past several years had largely carried the market to new peaks on its own.

Explosive appetite for central processing units, along with the graphics processing units that power large language models, has sent chipmakers to all-time highs.

Market participants are wagering that the shift from AI model training to autonomous agents will lift demand for additional AI hardware. Among the beneficiaries are memory chip producers, which are raising prices as supply remains tight.

Micron Technology slid 6%, and Sandisk cratered 8%. Sandisk’s stock has surged more than six times over since January.

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