The Apple Watch sales ban came into effect last week, with the flagship models Apple Watch Series 9 and Apple Watch Ultra 2 no longer available through the company’s U.S. online store and, just recently, its retail outlets. Apple was likely hoping that the Biden administration would intervene and would allow sales to resume, but unfortunately for the technology giant, the ban will remain in place.
Any Apple Watch that does not feature a blood oxygen monitor will not be banned in the U.S.
A patent dispute between Masimo and Apple forced the sales ban, with the aforementioned smartwatches no longer available on the company’s online or physical retail outlets. Also, according to the latest update from the International Trade Commission (ITC), the sales ban will not be lifted in the region, with the Biden administration choosing not to overturn the original decision; ‘After careful consultations, Ambassador Katherine Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023.’
Fortunately, there is still a silver lining in this as the current-generation Apple Watch S.E. is still sold through various channels thanks to the lack of a blood oxygen monitor. Since the Apple Watch Ultra 2 and Apple Watch Series 9 sport this feature, these cannot be sold in the U.S., though the company is not at a complete loss. Apple’s retail partners, such as Best Buy, Walmart, and others, can continue selling these flagship wearables until the stock runs out, but given the current situation, that might not be long.
Since the Apple Watch ban also prevents specific models from being imported into the U.S. due to patent infringements, it will not be possible to bring in fresh shipments to be stocked at various locations. Apple previously stated that it was working on a software update that it believes would allow the Cupertino giant to circumvent the import ban, but Masimo mentioned that a complete hardware overhaul of future models would be necessary to resume sales.
As for settlement talks with Apple, Masimo CEO Joe Kiani previously stated that he is open to the idea but did not present details on a monetary amount that Apple would have to pay to resume sales in the U.S. Apple has also said that it will appeal the ITC’s ruling to the U.S. Court of Appeals for the Federal Circuit for a resolution, but every day that the ban remains active, Masimo’s leverage grows stronger.
News Source: Street Insider
About the author: Omar Sohail is a reporter and analyst for Wccftech's mobile section, specializing in the technology and business of the mobile industry. His expertise lies in the intricate hardware supply chain, covering developments in semiconductor manufacturing, chip lithography, and camera sensor technology.
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