Memo: Apple won't offer hardware swaps for out-of-warranty Watch models going back to Series 6 in the US during the ITC's ban but will offer help via software

- Company will only be able to conduct software-based repairs — Hardware swaps for broken Apple Watches won't be offered in US

Bloomberg 2023-12-22 Mark Gurman

Context & Ripple Effects

The ITC dispute had already pushed Apple to preemptively halt US sales of the Series 9 and Ultra 2, extending the remedy beyond a conventional product-launch issue.

This memo shows the restriction reaching Apple’s post-sale operations as well. Later coverage of a submitted software workaround makes software the immediate path for restoring more normal availability while the dispute continues.

First-order effects

US owners of out-of-warranty Apple Watch models going back to Series 6 cannot receive hardware replacements during the ban; Apple can provide only software-based help.
Apple’s repair and support teams must screen affected US cases differently, limiting a standard service resolution for devices that require replacement hardware.

Second-order effects

The service limitation adds customer friction alongside the sales halt, making the blood-oxygen dispute consequential for both current buyers and the installed base.
A viable software workaround becomes more valuable because it could relieve pressure on sales and service operations without waiting for a hardware change.

Third-order effects

The case illustrates how an import remedy can constrain aftermarket support, not just new-device sales, increasing the operational stakes of component and feature-level IP disputes.
If this pattern persists, wearable makers may design health features and service workflows with greater emphasis on separability: the ability to disable, modify, or support a contested capability without sidelining the broader product.

The trend: Patent disputes over connected health features are increasingly testing whether software changes can preserve product availability and support when hardware is implicated.

Discussion

@markgurman Mark Gurman on x
Latest on Apple Watch ban: Company tells staff it can't replace out of warranty Series 6 and newer. That means if you've got a Series 8, for instance, that's over a year old without AppleCare, and you have a broken screen, Apple can't replace it. https://www.bloomberg.com/...
@dylanmcd8 @dylanmcd8 on x
This is so bad. So bad. This ban needs to be overturned immediately.
@themindscourge @themindscourge on x
This is very burdensome on customers. Imagine you need your car repaired, and Ford tells you that you can't buy replacement parts. Obviously untenable So Apple's either going to need to pay off Massimo, or strip out the blood oxygen sensor from imported units (Curiously,...
@eshumarneedi @eshumarneedi on x
“Hey, my Apple Watch broke.” “Due to the ongoing legal matter, we can't fix your watch.” “Oh, so can I buy a new one?” “Due to the ongoing legal matter, I'm unable to provide you any information on buying Apple Watch Series 9.” “Where can I buy one?” “Due to the ongo...”
@danseifert Dan Seifert on threads
me, giving a series 9 as a gift this christmas: many bothans died to bring you this watch
@danseifert Dan Seifert on threads
“actually, this apple watch is better and more valuable than the jewelry you asked for because YOU CAN'T EVEN BUY THIS NOW, any jabroni can go buy a diamond bracelet whenever”
@chriswelch Chris Welch on threads
Gonna go ahead and predict this Apple/Masimo thing gets worked out by EOD tomorrow. Tim Cook ain't letting the Apple Watch come off the company's retail store shelves. The very essence of a holiday Friday afternoon news dump.
@dylanmcd8 @dylanmcd8 on x
Truly crazy to see this. All mentions of the Blood Oxygen capability has been removed from the product pages as well. [image]
@adrianweckler Adrian Weckler on x
So now it's Americans who tell family members: “oh you're going to Ireland? If I give you the money, can you get me an Apple Watch...?” (This is a patent infringement case involving the Watch's blood oxygen sensor.)
@macton93 Michael Acton on x
#Apple has now halted online sales of the Apple Watch Series 9 and Ultra 2 in the US after patent ruling from the ITC. @Masimo now just has to wait and see if the White House will intervene to help Apple. It didn't after @AliveCor case a year ago. Deadline is Christmas Day.
@bzamayo Benjamin Mayo on x
You know what is really carbon neutral? Not selling Apple Watches.
@vadimyuryev Vadim Yuryev on x
Holy moly... I seriously thought Apple would find a way to get around this.. but the Apple Watch Series 9 and Ultra 2 are actually unavailable on the Apple online store! 🤯 [image]
@jonyiveparody @jonyiveparody on x
FOR SALE: Gently-used Apple Watch Ultra 2 in like-new condition: $3000 free shipping #BannedBargain
@basicappleguy Basic Apple Guy on x
The Apple Watch Ban Begins... ⌚️ [image]
@stevemoser Steve Moser on x
As Apple removes Apple Watch Series 9 over the patent fight, I can't say that I've seen this “Currently Unavailable” label on Apple's site before. [image]
@appltrack @appltrack on x
The Apple Watch Series 9 and Ultra 2 are now currently unavailable from the Apple Store 😳 It seems they pulled it ahead of the ban starting later this week... (via @rsgnl) [image]
@markgurman Mark Gurman on x
And as planned, the Ultra 2 and Series 9 are no longer available on Apple's US online store. “Following December 24, 2023, Apple no longer sells Apple Watch units in the United States with the ability to measure blood oxygen.” https://www.bloomberg.com/...
@neil.cybart Neil Cybart on threads
1) Poaching occurs both ways. Other companies have done the same to Apple. Let's calm down with the “behemoth does evil by hiring employees” narrative. Also strange how Masimo's CEO seems to think he owns his employees. 2) Masimo isn't a small start-up. It's been around for …
@msuster Mark Suster on x
@davecraige @JamesSJackson I have spoken about it plenty over the years and even written some about it. I have no fear of Apple. I love their products. Yes, they are mafia.
@ejzim Evan J. Zimmerman on x
The case of Masimo and Apple has brought ITC 337 investigations to the fore. But these are very poorly understood. I put together an explainer of how 337 investigations work and why we'll see more of them in consumer electronics. https://blog.withedge.com/...
@msuster Mark Suster on x
Many people who have had to negotiate with Apple have a story like this. I know I do. I've never told it publicly but I tell it privately to anybody who has to talk with them. They tried nearly the same playbook. [Quotes @pitdesi's Dec.19 tweet: “Apple is a real bully. Apple…

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