Time running out for Apple Watch models in US stores
President Joe Biden has until this Monday, December 25, to overturn a ruling by the United States International Trade Commission that will prevent Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, among other newer models, because they infringe patents registered in the name of another company. But it seems unlikely that the president will intervene.
Apple has already removed the Watch models in question from its online store, and physical Apple Store locations are expected to open this Tuesday without any of the latest watches. The Apple Watch SE, which is cheaper and is not included in the ruling, is still on sale. However, the ban would affect the Apple Watch Series 6 and later, and all Apple Watch Ultra models.
In October, the US International Trade Commission ruled that Apple infringed a patent for a pulse oximeter, which uses light-based technology to read blood oxygen levels. Masimo, a medical device manufacturer, owns that patent.
Apple has routinely marketed its smartwatch as a life-saving device, which has helped boost the popularity of the Apple Watch, to the point that it is the best-selling watch in the world. But his dispute with Masimo threatens to undermine that.
On December 18, Apple chose to begin preemptively removing the Series 9 and Ultra 2 versions of the Apple Watch from its inventory, in advance of the ruling coming into force. Without Biden’s intervention, the 60-day review period for the commission’s ruling ends Monday.
“Apple disagrees with the order and is pursuing a number of legal and technical options to ensure that Apple Watch is available to customers,” the company said in a statement at the time. But the company also pledged to “take all measures” to bring the Apple Watch back to American customers soon.
It’s possible that the company could make adjustments to the software, perhaps changing the way the watch interacts with the pulse oximeter so that it doesn’t infringe Masimo’s patent. But such a change could take time and there is no guarantee that the commission will accept Apple’s proposed solution.
Masimo CEO Joe Kiani told CNN that he believes Apple deliberately infringed his company’s patents. But the companies have been at odds for years. In October 2022, Apple filed two patent infringement lawsuits against Masimo.
Although a Biden intervention seems unlikely, there is some precedent in this regard. In 2013, President Barack Obama vetoed a commission ruling to ban older iPhones and iPads after determining that Apple was violating one of Samsung’s patents.
CNN’s Samantha Kelly contributed to this report.