Import ban for Apple Watch 9 and Watch Ultra 2 official
As of today, Apple will officially no longer be able to sell the Apple Watch Series 9 and Apple Watch Ultra 2 in the US. The reason is the International Trade Commission’s import ban, which is now legally binding. This morning, the Biden administration announced that it would not veto the ban.
The Office of the US Trade Representative said that after “careful consultations” it had decided not to reverse the ITC’s decision.
“On October 26, 2023, the U.S. International Trade Commission found that Apple, Inc. infringed two patents owned by Masimo Corporation and Cercacor Laboratories, Inc, both based in the United States. Since 2005, the Office of the United States Trade Representative has been delegated the President’s authority under Section 337 of the Trade Act of 1930 to review the ITC’s decision for a 60-day period. After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023.”
Apple said in a statement to Reuters that it is “taking all measures” to get the Apple Watch Ultra 2 and Apple Watch Series 9 back on shelves as quickly as possible. The company has appealed to the US Court of Appeals for the Federal Circuit in Washington. Apple is also working on a software solution that should dispel the allegations.
The reason for the ban of the Apple Watch Series 9 and the Apple Watch Ultra 2 is patent infringement. The ITC had ruled that the devices illegally used blood oxygen monitoring technology from medical device maker Masimo.
The ban is limited to Apple Watch models that have a blood oxygen sensor. Therefore, the Apple Watch SE without this sensor can continue to retail as normal. Additionally, the ban only applies to Apple retail stores in the US. So all Apple Watch models will still be available in other countries. Other American retailers such as Target, Best Buy and Walmart can also continue to sell the Apple Watch as long as there are still supplies in stock. However, Apple can not import any more units from overseas production into the USA.
There are two options for resuming sales of the Apple Watch Series 9 and Apple Watch Ultra 2. Either Apple makes a settlement with Masimo. Or installs a new blood oxygen sensor that does not infringe any of Masimo’s patents.
