Can I Still Get My Apple Watch Repaired During the Ban?

As of this afternoon, Apple has officially removed the Apple Watch Series 9 and Apple Watch Ultra 2 from sale in its online store in a proactive move to get ahead of a looming Apple Watch import ban that the company has thus far been unable to delay.

By Christmas Day, neither the Apple Watch Series 9 nor Apple Watch Ultra 2 will be sold in Apple’s brick-and-mortar retail stores, although third-party retailers can continue selling them while stock lasts.

While it’s business as usual outside of the US, the Apple Watch Series 9 and Apple Watch Ultra 2 have become casualties of a legal battle between Apple and Masimo, a health technology company that has managed to persuade the US International Trade Commission (ITC) that Apple’s wearables infringe on two of its patents related to blood oxygen monitoring.

In October, the ITC issued a limited exclusion order (LEO) that will prohibit Apple from importing “infringing wearable electronic devices with light-based pulse oximetry functionality” and a cease and desist order (CDO) that will prevent Apple from selling, advertising, or marketing those devices in any of its retail or online stores.

The language of the ITC’s cease and desist order also prohibits Apple from “aiding or abetting other entities” in the sale of the banned Apple Watch models — language so strict that Apple has told employees that they aren’t even permitted to tell customers that they can purchase an Apple Watch Series 9 or Apple Watch Ultra 2 elsewhere. On Tuesday, Bloomberg’s Mark Gurman revealed a memo sent to customer service agents telling them to respond to questions from customers with the statement: “Unfortunately, due to the ongoing legal matter, I am not able to provide you with any information about where you can buy Apple Watch Series 9 or Ultra 2.”

As Gurman notes, big box retailers “likely have weeks or months of inventory” they’re legally allowed to continue selling, as the ITC’s CDO only applies specifically to Apple. However, the other part of the decision — the limited exclusion order (LEO) — prohibits the import of the infringing Apple Watch models regardless of who is importing them and also prohibits their “withdrawal from a warehouse for consumption,” so it’s unlikely third-party retailers will be able to replenish that stock.

What About Repairs?

This whole mess probably has you wondering how it affects those who already own an Apple Watch Series 9, Apple Watch Ultra 2, or even an older model that would be impacted by the ban.

While the Apple Watch Series 9 and Apple Watch Ultra 2 are the two most significant models affected by the ITC’s orders, the order isn’t limited to those devices, nor does it even name them specifically. Instead, it excludes and prohibits all “light-based physiological measurement devices and components” of any devices made by Apple that infringe on Masimo’s patents. This excludes the Apple Watch SE, as it doesn’t incorporate blood oxygen sensing technology, but includes all other models going back to the Apple Watch Series 6 — the model where the sensor was first introduced.

Thankfully, the ITC did carve an exception into its order to allow in-warranty repairs — and even replacements — for Apple Watch models that would otherwise infringe upon the patent claims.

Specifically, Apple is still allowed to import the Apple Watch and any required parts that might otherwise be excluded to “repair covered products purchased by consumers prior to the date [the] Order comes final” — “provided that replacement is pursuant to a warranty or the replaced article” (emphasis ours).

In other words, you’ll be fine if you have an Apple Watch Series 9 or Apple Watch Ultra 2 since these only went on sale in September and are all fully covered under warranty. If you purchased another model in the past year, it would also still be covered, although it’s less clear if AppleCare coverage is considered a “warranty” repair under the terms of the ITC order.

In another report, Gurman said Apple’s customer service teams have been informed in a memo that the company will “no longer replace out-of-warranty models going back to Apple Watch Series 6.” Apple will still provide whatever service it can, such as helping to resolve software issues, but it won’t be able to replace any infringing models if they’re not being done as warranty replacements. While a replacement part like a screen doesn’t infringe on Masimo’s patents and shouldn’t run afoul of the ITC order, Apple stores aren’t equipped to do component-level repairs on an Apple Watch; they typically swap out the entire device instead.

Since the ITC exception only applies to warranty repairs, Apple also won’t be permitted to exchange an Apple Watch purchased before December 25 for a different color or size after that date. However, they can still be returned for a full refund, and Apple can also replace or exchange accessories such as bands.

While Apple is exploring nearly every avenue available to get the ban reversed or at least stayed pending the outcome of its appeal, it’s already failed to sway the ITC. The White House still has until December 25 to overrule the ITC, although that’s a “Hail Mary” pass at best. Apple is working on a software fix that it hopes might allow the Apple Watch to pass muster with US Customs by avoiding infringement, but that’s another long shot — and it won’t happen overnight.

Beyond waiting for an appeal that could take months or even years to wind its way through the courts, Apple’s only other options are to remove the offending hardware entirely or come to terms with Masimo on a licensing agreement.