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.
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.
