Apple can no longer sell the Watch Series 9 and Watch Ultra 2 in the United States after President Joe Biden’s administration today refused to veto the ban.
Apple pulled both devices from its website on December 21 and from store shelves after December 24. Katherine Tai, the U.S. Trade Representative’s office, issued a statement (via CNBC) saying the agency “decided not to overturn the ITC [International Trade Commission] The decision was made after “careful consideration”.
in a statement ReutersAn Apple spokesperson who spoke on condition of anonymity confirmed that it was appealing the ITC’s decision, saying: “We strongly disagree with the USITC’s decision and the resulting exclusion order and are taking every step to bring Apple Watch to the U.S. as soon as possible. Series 9 and Apple Watch Ultra 2 returned to U.S. customers.” Whenever possible. “
The ITC issued the injunction after discovering that Apple had infringed on a patent for blood oxygen saturation technology from a company called Masimo. It also ordered Apple to stop selling any previously imported devices with infringing technology. While Apple tried to block the decision while it awaited an appeal, the International Trade Commission rejected Apple’s request and another opportunity to intervene was a veto by President Joe Biden, but that did not happen.
The ban only affects Apple stores in the United States. This means customers can still purchase a Watch Series 9 or Watch Ultra 2 at Best Buy, Target, and other retailers while supplies last. Apple will also continue to sell the Watch SE because it does not have a blood oxygen sensor.
However, it’s unclear where Apple will go from here. My colleague Victoria Song explored the various avenues Apple could take, including making software changes to the blood oxygen sensors on both watches or disabling the sensors on imported devices. But neither approach may be enough to satisfy the ITC, which is why Apple always chooses to settle with Masimo.
Updated December 26, 11:10 a.m. ET: Statement and appeal added.
