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Earlier this week, Apple announced that it would be halting sales of its current flagship watches, including the Apple Watch Series 9 and Watch Ultra 2. This is due to a dispute with medical device manufacturer Masimo.
The two have been in dispute over the Apple Watch apparently using Masimo’s technology for its blood oxygen feature. The ITC slapped a sales ban on Apple back in January, but it was appealed and held up in October. Then it went to President Biden’s desk for a possible veto (this is very rare, but has happened for Apple in the past), which gave Apple 60 days to pull these units off of shelves.
Welp, Apple has lost its latest request for a stay from the ITC. That means one avenue for avoiding a potential sales pause in the US has expired. President Biden could still veto the move by the ITC, but that is very rare, as mentioned before. The President does have until December 25 to make a decision, however.
While unlikely and rare, it has happened before. Back in 2013, when the iPhone was facing an import ban because of a patent dispute with Samsung, then-President Barack Obama vetoed the ITC ruling. However, one of the main differences this time is that Apple is in a dispute with another American company, which pertains to a product that is not as pivotal as the iPhone.
Despite the sales ban, you’ll still be able to buy the newest Apple Watches
While Apple will be banned from selling the Apple Watch Series 9 and Watch Ultra 2, you’ll still be able to buy them without much of a hassle. You see, the sales ban only bans Apple themselves from selling these products. Not third-party retailers like Best Buy, Walmart, Verizon, AT&T and T-Mobile. So you won’t need to go far to get one. Currently, many of them are on sale at these retailers, too.
Apple is working to update the algorithms used by the SpO2 sensor, to avoid this sales ban. However, Masimo doesn’t that that would be enough to skirt the ban. Since a major part of the dispute has to due with the actual hardware on the Apple Watch. This is a developing story that we’ve been following all week, and there’s likely more to come.
Keep in mind that Apple will stop selling the Apple Watch Series 9 and Ultra 2 today at 3PM ET online. And in-stores on December 24, 2023. Unless something happens between now and then.