Apple can no longer sell the Watch Series 9 and Watch Ultra 2 in the US after President Joe Biden's administration today refused to veto the ban.
Apple removed both devices from its website on December 21 and from its stores after December 24. TO statement (via CNBC) of the Office of the United States Trade Representative, Katherine Tai, said the agency “decided not to reverse the ITC (International Trade Commission) determination” after “careful consideration.”
In a statement published by technology/biden-administration-allows-us-trade-tribunals-ban-apple-watch-imports-2023-12-26/”>ReutersAn anonymous Apple spokesperson confirmed that it is appealing the ITC's decision, saying: “We strongly disagree with the USITC's decision and the resulting exclusion order, and we are taking all steps to return the Apple Watch Series 9 and the Apple Watch Ultra 2 to customers in the US as soon as possible.” as possible.”
The ITC issued the ban after technology/us-trade-tribunal-issues-potential-apple-watch-import-ban-masimo-patent-fight-2023-10-26/”>find that Apple infringed about blood oxygen saturation technology patented by a company called Masimo. He also ordered Apple to stop selling any devices previously imported with the infringed technology. While Apple attempted to block the decision while awaiting an appeal, the ITC rejected Apple's request and the other possibility for intervention was a veto by President Joe Biden, which did not happen.
The ban only affects Apple stores in the United States. That means customers can still get their hands on a Watch Series 9 or Watch Ultra 2 at Best Buy, Target, and other retailers while supplies last. Apple will also continue selling the Watch SE, as it does not come with a blood oxygen sensor.
Still, it's unclear where Apple goes from here. My colleague Victoria Song explores the different paths Apple could take, including making software changes to the blood oxygen sensor on both watches or disabling the sensor on imported devices. But both methods might not be enough to satisfy the ITC, which is why Apple could always choose to settle with Masimo.
Update December 26 at 11:10 a.m. ET: Added declaration and appeal.
