The countdown is on for a last-minute rescue mission to keep the newest Apple Watch models on the shelves.
President Joe Biden has until the end of Christmas day to reverse a ruling by the US International Trade Commission (ITC).
This ruling would bar Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, along with other recent models, due to patent violations claimed by another company.
However, the likelihood of Biden stepping in seems slim.
The affected Apple Watch models have already vanished from the online store, and it’s expected that Apple Store locations will open without the latest top-tier watches in stock.
The Apple Watch SE, a more affordable option not implicated in the ruling, will still be available.
However, the ban targets the Apple Watch Series 6 and later, as well as all models of the Apple Watch Ultra.
In October, the ITC ruled that Apple infringed on a pulse oximeter patent owned by Masimo, a medical device maker.
This patent utilizes light-based technology to measure blood oxygen levels.
Apple has consistently marketed its smartwatch as a life-saving device, contributing to its global popularity.
However, the legal dispute with Masimo now jeopardizes this standing.
On December 18, Apple proactively removed the Series 9 and Ultra 2 versions from stock, anticipating the impending ruling.
Unless Biden intervenes, the 60-day review period on the ITC’s decision will conclude on Monday.
Apple expressed strong disagreement with the order and stated that it is exploring various legal and technical options to ensure the availability of the Apple Watch.
However, the company may need to make software adjustments, potentially altering how the Watch interacts with the pulse oximeter to avoid infringing on Masimo’s patent.
This process could be time-consuming, and there’s no guarantee that the ITC will accept Apple’s proposed solution.
Masimo CEO Joe Kiani accused Apple of intentionally violating their patents, but this legal battle has been ongoing for years.
In October 2022, Apple retaliated by filing two patent infringement lawsuits against Masimo.
While a Biden intervention seems unlikely, there is some historical precedent.
In 2013, President Barack Obama vetoed an ITC ruling that sought to ban older iPhones and iPads, as Apple was found in violation of one of Samsung’s patents.
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