Apple has stopped selling its newest Apple Watch models in the United States due to a ban not overturned by the White House
The Biden administration did not act to reverse a US International Trade Commission (ITC) ruling by Christmas day. The ruling bars Apple from selling the Series 6 and later models, as well as the Ultra 2 model, due to patent infringement.
US Trade Representative Katherine Tai's office confirmed on December 26, 2023, that they would not overturn the ITC's decision. Consequently, Apple removed the affected models from its stores and online platforms, though the Apple Watch SE is still available.
Apple is appealing to the Federal Circuit and has proposed a redesigned version of the banned models for US Customs approval. The company also filed an emergency motion for a temporary stay till Customs reviews the redesign by January 12, claiming "irreparable harm" if the ban persists.
The ITC's October ruling cited Apple's infringement on a blood-oxygen level detection patent held by medical device maker Masimo. Apple argues against the decision, emphasizing the positive impact of its products on health and wellness.
Third-party retailers are selling their existing Apple Watch inventory, but Apple cannot import new stock. Customers who bought Series 9 and Ultra 2 watches before the ban may continue to use them.
Marketing its watch as a lifesaving device has made Apple Watch a top seller globally, but the dispute with Masimo looms over its success. In preparation for the ban, Apple began removing the Series 9 and Ultra 2 from stock on December 18.
While there was the possibility of White House intervention, as seen during Obama's presidency in 2013 with Samsung’s patent case against Apple, no such action was taken this time.
Apple could potentially adjust its software to avoid infringing on Masimo's patent, though this has no immediate guarantee of ITC approval. Meanwhile, Apple's legal battles with Masimo continue, with infringement lawsuits filed against Masimo as recently as October 2022.
Apple is appealing to the Federal Circuit and has proposed a redesigned version of the banned models for US Customs approval. The company also filed an emergency motion for a temporary stay till Customs reviews the redesign by January 12, claiming "irreparable harm" if the ban persists.
The ITC's October ruling cited Apple's infringement on a blood-oxygen level detection patent held by medical device maker Masimo. Apple argues against the decision, emphasizing the positive impact of its products on health and wellness.
Third-party retailers are selling their existing Apple Watch inventory, but Apple cannot import new stock. Customers who bought Series 9 and Ultra 2 watches before the ban may continue to use them.
Marketing its watch as a lifesaving device has made Apple Watch a top seller globally, but the dispute with Masimo looms over its success. In preparation for the ban, Apple began removing the Series 9 and Ultra 2 from stock on December 18.
While there was the possibility of White House intervention, as seen during Obama's presidency in 2013 with Samsung’s patent case against Apple, no such action was taken this time.
Apple could potentially adjust its software to avoid infringing on Masimo's patent, though this has no immediate guarantee of ITC approval. Meanwhile, Apple's legal battles with Masimo continue, with infringement lawsuits filed against Masimo as recently as October 2022.
