The countdown is ticking on a last-minute, urgent effort to salvage the presence of the latest Apple Watch on retail shelves. President Joe Biden has until the close of Christmas day to reverse a ruling from the US International Trade Commission (ITC) that would bar Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, along with other recent models, due to patent infringement claims by another company. However, prospects for presidential intervention seem dim.
In response to the ITC’s decision, Apple has already removed the implicated Watch models from its online store. Apple Store outlets are expected to open on Tuesday without the newest flagship watches available. While the more affordable Apple Watch SE, unaffected by the ruling, remains on sale, the ban impacts the Apple Watch Series 6 and later, as well as all versions of the Apple Watch Ultra.
The ITC ruling, issued in October, found Apple in violation of a patent related to a pulse oximeter, a technology utilizing light to measure blood-oxygen levels. The patent is owned by Masimo, a medical device manufacturer. Apple’s marketing of its smartwatch as a life-saving device has contributed to its global popularity, but the legal dispute with Masimo poses a threat to that reputation.
Anticipating the ruling, Apple proactively removed the Series 9 and Ultra 2 versions from stock on December 18. Unless President Biden intervenes, the 60-day review period for the ITC’s decision concludes on Monday. The countdown is ticking
In a statement, Apple expressed strong disagreement with the order and outlined its pursuit of various legal and technical avenues to ensure the availability of the Apple Watch to customers. While the company may explore software adjustments to address the pulse oximeter patent issue, the timing and acceptance by the ITC remain uncertain.
Masimo CEO Joe Kiani alleges that Apple intentionally infringed on his company’s patents, emphasizing a longstanding dispute between the two firms. In October 2022, Apple initiated two patent infringement lawsuits against Masimo.
Although the likelihood of intervention by President Biden seems low, historical precedent exists. In 2013, President Barack Obama vetoed an ITC ruling to ban older iPhones and iPads, disagreeing with the finding that Apple had violated one of Samsung’s patents.