Apple is facing a bleak outlook in escaping the ban on two of its watch series and experts say, unless a Christmas miracle intervenes, the ban will stay.
Surprising many, the company opted to proactively remove the watches from its online store on December 21st at 3 PM ET, with plans for them to vanish from Apple Stores after the 24th.
Ben Levi, a partner at Levi Snotherly & Schaumberg, experienced in ITC disputes, said to The Verge, “I think Apple sees the writing on the wall and they’re preparing themselves.”
Witnessing Big Tech with tangible consequences is rare, and while there are potential avenues for Apple to continue selling the watches, achieving it may require substantial patience or a considerable financial investment.
Apple and the ban
Apple will stop selling these watches as of Thursday, December 21st. Why the ban? In October the US International Trade Commission (ITC) agreed that Apple had infringed two of Masimo’s blood oxygen patents. This decision was sent to the Biden Administration for the Presidential Reiew Period, which expires on December 25.
In the meantime Apple made the announcement to comply with ITC and will enforce the ban.
The Apple Watch SE 2 is not facing the ban since it doesn’t have the blood oxygen feature. If the Biden administration complies with the veto, Apple will then appeal the ITC decision in the US court. They will file an appeal on December 26.
Apple spokesperson Nikki Rothberg says it strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.
The ITC ban will only affect Apple so the watches will continue to sell on retailers like Amazon and Best Buy and it will still be available in other countries.
The ban is the result of a dispute between Apple and medical tech company Masimo. Masimo sued Apple in 2021. The company alleged that Apple had infringed on one of its patents related to light-based oxygen monitoring. Aside from the appeal to the United States courts, Apple can put its watch back on the market by deactivating the blood oxygen feature.
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