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 right now.
Apple pulled each units from its website on December twenty first and from its retailer cabinets after December twenty fourth. A statement (via CNBC) from the Workplace of US Commerce Consultant Katherine Tai stated the company “determined to not reverse the ITC’s [International Trade Commission] dedication” after “cautious consideration.”
In a press release revealed by Reuters, an unnamed Apple spokesperson confirmed it’s appealing the ITC determination and stated: “We strongly disagree with the USITC determination and ensuing exclusion order, and are taking all measures to return Apple Watch Sequence 9 and Apple Watch Extremely 2 to clients within the U.S. as quickly as attainable.”
The ITC issued the ban after finding that Apple infringed on blood oxygen saturation expertise patented by an organization known 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 likelihood 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 Greatest Purchase, Goal, and different retailers whereas provides final. Apple can 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 Song explores the varied paths Apple may take, together with making software changes 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 may all the time select to settle with Masimo as a substitute.
Replace December twenty sixth, 11:10AM ET: Added assertion and enchantment.