Apple’s attempt to postpone the Watch Series 9 and Watch Ultra 2 import and sales restriction has failed. Apple requested a stay of the ban while an appeal was pending, but the US International Trade Commission (ITC) refused the request in a filing on Wednesday.
Apple said on Monday that it would be removing the Watch Series 9 and Ultra 2 from retail locations in response to an ITC decision from October that said the company’s SpO2 sensors violated patents owned by medical device manufacturer Masimo. The Watch Series 9 and Ultra 2 may only be purchased at Apple shops through December 24. On December 26, the import ban will formally take effect. According to the sources, Apple is already looking into ways to get around the prohibition, such as by applying the software modifications.
“The Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown for the reasons discussed in the Commission Opinion issued concurrently herewith,” the statement reads.
Third-party stores like Best Buy will continue to be able to sell the watches until their stock runs out, even if the embargo is only in place for the US. Despite failing in its bid to override the prohibition, Apple still has the option to reverse the decision in the event that President Joe Biden vetoes it. But as my colleague Victoria Song notes, it “would be like lightning striking the same place twice” if Apple were to receive a presidential veto.
