Update: Here’s Apple’s statement to 9to5Mac on this decision:
At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to dedicate years to developing scientifically validated health, fitness and wellness features for Apple Watch, and we are inspired that millions of people around the world have benefited greatly from this product. We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.
The December 25 ban on Apple Watch Series 9 and Ultra 2 sales, due to a patent dispute between Apple and Masimo was first reported by us last week. Apple ended watch sales on the online store a few days ago, and now the Apple Watch is also unavailable at Apple retail stores.
The ITC confirmed this morning that the Biden administration chose not to overturn the ban. “After careful consultations, Ambassador Katherine Tai decided not to reverse the ITC’s determination”, the agency said in a statement.
The ITC ban is a result of a court judgement which found Apple infringing on Masimo’s patents relating to the blood oxygen pulse oximeter sensor.
As such, Apple is not allowed to sell the Apple Watch Series 9 and Ultra 2 in the United States. Third-party resellers will be able to sell their remaining stock but as all future imports of the product are banned, sales at those outlets will also dry up soon. Apple simply says the affected watch models are “currently unavailable”.
The Apple Watch SE is allowed to remain on sale, as it does not include a blood oxygen sensor.
Apple said it will be imminently appealing the ITC’s ruling to the US Court of Appeals for the Federal Circuit.
Otherwise, we sit a bit of an impasse. Masimo has indicated it is willing to negotiate, but Apple believes the patent rulings are invalid and does not want to pay royalties. However, Masimo’s leverage increases every day Apple cannot sell watches to customers.
Apple is exploring software mitigations that it believes will circumvent the patents in question, and allow the watch to return to shelves. However, it may take some time for Apple to get the software update ready and then receive the relevant legal approvals to get the watch back on the market.
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