In a recent setback for tech giant Apple, the U.S. government has decided not to veto a ban on the sale of the Apple Watch Series 9 and Watch Ultra 2. Following the administration’s decision, Apple swiftly removed both devices from its official website on December 21st, and by December 24th, they were no longer available on retail shelves.
The decision not to intervene was announced by the Office of U.S. Trade Representative Katherine Tai, which, after “careful consideration,” chose not to reverse the International Trade Commission’s (ITC) determination. The ITC had previously ordered the ban based on its finding that Apple had violated a patent owned by Masimo, a company specializing in blood oxygen saturation technology.
In response to the ban, an Apple spokesperson, speaking anonymously to Reuters, confirmed that the company is appealing the ITC decision. The spokesperson emphasized Apple’s strong disagreement with the USITC’s ruling and exclusion order, stating that all necessary measures are being taken to expedite the return of the Apple Watch Series 9 and Apple Watch Ultra 2 to U.S. customers.
The ITC’s ruling not only enforces a sales ban but also requires Apple to cease selling any previously imported gadgets that incorporate the contested technology. Despite Apple’s attempts to overturn the ruling during the appeal process, the ITC rejected the company’s request, leaving the Biden administration’s potential veto as the second option for intervention, which ultimately did not materialize.
The sales prohibition, for now, only affects Apple’s official outlets in the U.S. However, customers still have the option to purchase the Watch Series 9 or Watch Ultra 2 from other retailers such as Best Buy, Target, and unaffected stores, as long as supplies last.
Apple’s encounter with the sales ban on the Watch Series 9 and Watch Ultra 2 highlights the challenges the tech giant faces in navigating intellectual property disputes. As the company appeals the decision, the broader implications for the tech industry and the consumer market remain uncertain, making it a situation worth monitoring as it unfolds in the coming weeks.
