It’s official: US bans sale of Apple Watch

The ban on the import and sale of Apple Watch in the US is official. Joe Biden’s government has finally decided not to veto the North American International Trade Commission (ITC) decision, so the Apple smartwatch blockade officially comes into effect today.

Although Apple had already paused marketing of the Apple Watch Series 9 and Ultra 2 on a “precautionary” basis, it was clinging to the White House’s life-saving veto. However, this never happened. In the last few hours, the Office of the US Trade Representative announced that it had decided to respect the ITC’s decision.

This means that as of Tuesday, December 26, the import and sale of Apple Watches that infringe Masimo’s pulse oximeter patents will be prohibited. The only saved model Apple Watch SEsince it does not have the function of measuring blood oxygen levels.

“On October 26, 2023, the United States International Trade Commission determined that Apple, Inc. infringed two patents owned by Masimo Corporation and Cercacor Laboratories, Inc., both based in the United States. […] After careful consultations, Ambassador [Katherine] “Tai has decided not to overturn the ITC’s decision, and its decision became final on December 26, 2023,” the agency said in a statement.

That doesn’t mean it’s game over for Apple and the latest Apple Watch in the US. The California company would still have legal resources to try to get out of this situation. The next step would be appeal the blocking to the Court of Appeal of the Federal Circuitalthough it is unclear how long this process may take.

Apple Watch faces its biggest problem in the US

Clearly, Cupertino knew that a presidential veto that would save the Apple Watch was unlikely. Tim Cook’s people have gone ahead and stopped selling Series 9 and Ultra 2 in their store. Online American, December 21. Meanwhile, on Sunday the 24th, they stopped marketing in physical Apple Stores.

Earlier this year, the US government also failed to veto a block on the Apple Watch for violating AliveCor’s patents. However, the North American Patent and Trademark Office turned out to be a big savior because declared denounced patents invalid and Apple was able to continue selling its smartwatches.

Ever since Apple announced it would stop offering the Apple Watch Series 9 and Ultra 2 in the US, its engineers have been searching for a solution. The California-based company was reportedly working on a patch for watchOS that would block pulse oximeter functionality on infringing devices. However, Masimo clarified that patent infringement happened at the hardware level. Therefore, the conflict will not be resolved by a software update.

Looking for a solution

The medical technology firm has shown a willingness to negotiate a way out of the Apple Watch dispute. But Joe Kiani, its CEO, was categorical: the initiative should belong to Apple. “They haven’t called us yet. It takes two to tango,” the executive said in a recent interview with the publication Bloomberg.

According to the businessman, ITC showed that even the largest company in the world is not above the law. “These kids were caught with their hands in the cookie jar,” he said.

The Apple Watch lockdown not only affects the marketing of its most advanced variants in the US, but also its service. The ban will force Apple to stop repairing all infringing models. Something that applies not only to Series 9 and Ultra 2, but also to older versions that are no longer covered by warranty. This is the case with the 6, 7 and 8 series, as well as the first generation Ultra.