Apple can no longer sell the Watch Series 9 and Watch Ultra 2 in the United States after President Joe Biden’s administration refused to veto the ban today.
Apple removed both devices from its online store on December 21 and from the shelves of its stores on December 24. A statement from the Office of the U.S. Trade Representative says that the agency “decided not to reverse the determination of the ITC [International Trade Commission]” after “careful consideration”.
The ITC issued the ban after finding that Apple infringed on blood oxygen saturation technology patented by a company called Masimo.
Without the permission of the White House, Apple has to comply with the measure
It also ordered Apple to stop selling any previously imported device with the infringed technology. Although Apple tried to block the decision pending an appeal, the ITC denied Apple’s request, and the other possibility of intervention was a veto by President Joe Biden, which did not happen.
The ban only affects Apple stores in the United States. That means customers can still get a Watch Series 9 or Watch Ultra 2 at Best Buy, Target, and other retailers until supplies run out.
In Europe and the rest of the world, Apple smartwatches will continue to be sold without any issues, as the patent demand has only been filed in North American territory.
Apple will also continue selling the Watch SE 2023, as it does not include a blood oxygen measurement sensor.
However, it is not clear what Apple will do from now on. Apple could always choose to reach an agreement with Masimo, as ultimately this is a commercial matter… and a matter of money. And Apple has plenty of that.
