Apple can not promote the Watch Sequence 9 and Watch Extremely 2 within the US after President Joe Biden’s administration declined to veto the ban in the present day.
Apple pulled each units from its web site on December twenty first and from its retailer cabinets after December twenty fourth. A press release (by way of CNBC) from the Workplace of US Commerce Consultant Katherine Tai stated the company “decided not to reverse the ITC’s [International Trade Commission] determination” after “careful consideration.”
In a press release revealed by Reuters, an unnamed Apple spokesperson confirmed it’s interesting the ITC choice and stated: “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 ITC issued the ban after discovering that Apple infringed on blood oxygen saturation expertise patented by an organization referred to as Masimo. It additionally ordered Apple to cease promoting any previously-imported units with the infringed-upon tech. Whereas Apple tried to dam the choice whereas awaiting an enchantment, the ITC denied Apple’s request, and the opposite probability of intervention was a veto from President Joe Biden, which did not occur.
The ban solely impacts Apple shops within the US. Meaning clients can nonetheless get their arms on a Watch Sequence 9 or Watch Extremely 2 at Finest Purchase, Goal, and different retailers whereas provides final. Apple will even proceed promoting the Watch SE, because it doesn’t include a blood oxygen sensor.
Nonetheless, it’s not clear the place Apple will go from right here. My colleague Victoria Music explores the assorted paths Apple might take, together with making software program modifications to the blood oxygen sensor on each watches or disabling the sensor on imported units. However each of these strategies won’t be sufficient to fulfill the ITC, which is why Apple might at all times select to settle with Masimo as an alternative.
Replace December twenty sixth, 11:10AM ET: Added assertion and enchantment.