The time for a last-minute, urgent move to keep the newest Apple Watch on store shelves is running out.
The US International Trade Commission has ruled that Apple cannot sell the Apple Watch Series 9 and Apple Watch Ultra 2, among other more recent models, because they infringe upon patents held by another company. President Joe Biden has until the end of Christmas Day to reverse this decision. But it doesn’t seem plausible that he will step in.
The offending Watch models have already been removed from Apple’s online shop, and Apple shop locations are not anticipated to have any of the newest, most expensive watches available when they open on Tuesday. The cheaper Apple Watch SE, which was not included in the decision, is still available for purchase; however, the prohibition will only apply to Apple Watch Series 6 and later models, as well as all Apple Watch Ultra variants.
The US International Trade Commission declared in October that Apple had violated a patent pertaining to a pulse oximeter, a device that measures blood oxygen levels using light-based technology. Masimo is the patent holder. Masimo makes medical devices.
Apple has consistently promoted its smartwatch as a life-saving tool, which has helped propel the device into the stratosphere and make it the most widely-sold watch globally. However, its conflict with Masimo puts that in jeopardy.
In preparation for the verdict, Apple decided to start proactively removing the Series 9 and Ultra 2 models of the Apple Watch from stock on December 18. The 60-day window for reviewing the ITC’s decision closes on Monday if Biden doesn’t step in.
At the time, the business released a statement stating, “Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.” However, Apple (AAPL) also promised to “take all necessary steps” to quickly restore the Apple Watch to US consumers.
In order to avoid infringing on Masimo’s patent, the business might be able to make software adjustments, such as altering how the Watch communicates with the pulse oximeter. However, it might take some time for this to happen, and there’s no assurance that the ITC will approve Apple’s suggested remedy.
According to Masimo CEO Joe Kiani, Apple intentionally violated his company’s patents. However, the businesses have been at odds for a long time. Apple sued Masimo twice for patent infringement in October 2022.
There is some precedent for Biden to step in, even though it seems improbable. President Barack Obama overruled an ITC decision in 2013 that would have banned older models of iPhones and iPads after the agency found that Apple had violated a patent owned by Samsung.
