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 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 watch models are “currently unavailable”.
The Apple Watch SE is allowed to remain on sale, as it does 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.
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