The latest Apple Watch models are no longer available for purchase in the United States as the White House chooses not to overturn a ban imposed by the US International Trade Commission (ITC).
The Biden administration had until Christmas day to reverse the ITC’s ruling, which prohibits Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2 due to patent violations owned by another company.
As anticipated, the White House did not intervene, prompting Apple to announce its intention to appeal the decision.
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US Trade Representative Katherine Tai’s office confirmed the decision, stating, “After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination, and the ITC’s decision became final on December 26, 2023.”
Apple has already removed the affected Watch models from its online store, with Apple Store locations opening without the latest models in stock.
The Apple Watch SE, unaffected by the ruling, remains available for purchase.
However, the ban impacts the Apple Watch Series 6 and later, as well as all models of Apple Watch Ultra.
In response, Apple has filed an appeal to the Federal Circuit court and is exploring legal and technical avenues to resume importing the affected watches.
The company is even considering redesigning the Series 9 and Ultra 2 watches for U.S. Customs approval.
Apple expressed disagreement with the USITC decision and the resulting exclusion order, stating, “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.”
The USITC ruling, based on a pulse oximeter patent violation owned by medical device maker Masimo, prevents Apple from importing more smartwatches into the United States.
While other retailers continue selling their existing Apple Watch stock, Apple’s ability to import new watches is hindered.
The more affordable Apple Watch SE remains available for purchase in the U.S., and customers who bought the Series 9 and Ultra 2 models before the ban can still use their watches.
Apple, known for marketing its smartwatch as a life-saving device, faces a challenge to its reputation due to the dispute with Masimo.
The conflict revolves around the pulse oximeter patent violation, and Apple had preemptively removed the Series 9 and Ultra 2 versions from stock in anticipation of the ruling.
The possibility of making software tweaks to address the patent violation is being explored by Apple, but the outcome is uncertain.
Masimo’s CEO, Joe Kiani, alleges that Apple intentionally infringed on his company’s patents, highlighting a longstanding dispute between the two companies that includes patent infringement lawsuits filed by Apple against Masimo in October 2022.
While the White House did not intervene this time, historical precedent exists for a president to overturn an ITC ruling.
In 2013, President Barack Obama vetoed an ITC ruling that sought to ban older iPhones and iPads, citing a patent violation against Samsung.
Apple Watch Faces Sales Ban In the U.S. Following White House Decision, Apple Watch Faces Sales Ban In the U.S. Following White House Decision
