The International Trade Commission has officially denied one of Apple’s last-ditch attempts to halt the looming Apple Watch Series 9 and Apple Watch Ultra 2 ban. This officially means Apple’s last recourse is for President Biden to veto the ITC’s decision.
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The latest on the looming Apple Watch sales ban
In a filing on Wednesday, spotted by The Verge, the ITC declined Apple’s request to “stay the remedial orders pending appeal and/or in light of a potential government shutdown.” That is, the ITC will not stop the Apple Watch sales ban while Apple awaits an appeal. Apple first filed this appeal on October 30.
The ITC first issued its ruling in October. As we’ve covered extensively, this is part of the long-running patent dispute between Apple and medical technology company Masimo around the Apple Watch’s blood oxygen sensor technology.
On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist
orders pending appeal and/or in light of a potential government shutdown. On November 9, 2023, Complainants filed an opposition to Apple’s motion. On November 20, 2023,
Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for Masimo W1 Watch requesting that the Commission consider certain documents in making its decision on Apple’s motion.For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice
This decision by the ITC doesn’t kill Apple’s chances of stopping the Apple Watch ban from going into effect. The Biden administration can still step in and veto the ITC’s decision. The clock is ticking on that, however. The Presidential Review Period expires on December 25.
Apple can appeal the ITC’s final decision with the US Court of Appeals for the Federal Circuit once the Presidential Review Period has expired. The company previously confirmed to 9to5Mac that it plans to file an appeal on December 26. Appealing the decision, however, will not delay the ban on Apple Watch Series 9 and Apple Watch Ultra 2 sales and imports.
In an effort to preemptively comply with the ITC ban set to go into effect on December 25, the company will halt sales of the Apple Watch this week.
The Apple Watch Ultra 2 and Apple Watch Series 9 will no longer be available to order from Apple’s website in the US after 3 p.m. ET on Thursday, December 21. In-store inventory will no longer be available from Apple retail locations after December 24. While supplies last, you will be able to buy the Apple Watch on Amazon.
Apple is also exploring software changes to the Apple Watch’s blood oxygen sensor that could allow it to circumvent the two Masimo patents in question. Masimo, however, has said that the “hardware must change.”
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