Apple won’t be able to sell the Watch Series 9 and Watch Ultra 2 in the US anymore. President Joe Biden’s administration chose not to stop the ban today. Apple removed both products from its website on December 21st and from its stores after December 24th. A statement from the Office of US Trade Representative Katherine Tai explained that the agency decided not to overturn the International Trade Commission’s decision after careful thought.
Apple Gets Banned by ITC
The ITC banned Apple because it found that Apple violated a patent owned by a company named Masimo related to blood oxygen saturation technology. The ITC also told Apple to stop selling any devices that had already been imported and used this technology.
Even though Apple tried to stop this decision while waiting for an appeal, the ITC rejected Apple’s request. The only other way for intervention was for President Joe Biden to veto it, but that didn’t happen.
The ban only impacts Apple stores in the US. This means that customers can still buy a Watch Series 9 or Watch Ultra 2 at places like Best Buy, Target, and other stores as long as they have them in stock. Apple will also keep selling the Watch SE because it doesn’t have a blood oxygen sensor.
However, it’s uncertain what steps Apple will take next. My colleague Victoria Song explores different possibilities, such as making software changes to the blood oxygen sensor on both watches or turning off the sensor on imported devices. But these methods might not be sufficient to satisfy the ITC, so Apple might consider reaching a settlement with Masimo instead.
Conclusion
Apple faces a ban on selling Watch Series 9 and Watch Ultra 2 in the US, following a decision by the ITC over patent infringement. Despite attempts to overturn the ban, President Biden’s administration opted not to intervene. The impact is limited to Apple stores, but the company’s future strategies remain uncertain, with potential software changes or a settlement with Masimo under consideration.
