The United States International Trade Commission has ordered the removal of the Apple Watch from the market and many consumers will be left without their gift watch this Christmas…
Earlier this week, the alarming news broke that Apple would stop sales of Apple Watch Series 9 and Apple Watch Ultra 2 starting December 25 due to an accusation by the Masimo brand for, allegedly , infringe a series of patents related to blood oxygen measurement sensors (SpO2)
There International Trade Commission (ITC) has decided that Apple should remove its Apple Watch Series 9 and Apple Watch Ultra 2 from the market. Apple confirmed it would comply with the orderfaced with economic losses of several million dollars which could reach more than 5 billion dollarsaccording to JP Morgan estimates.
An Apple representative said the company was in total disagreement with the decision of the International Trade Commission, which would prepare a software update to avoid the ban on the Apple Watch and will appeal to the Court. Well, apparently, the request was officially refused.
International Trade Commission rejects Apple’s request
Apple to remove Apple Watch Series 9 and Apple Watch Ultra 2 models from the market in the United States
Documentation obtained by The Verge states that the International Trade Commission rejected Apple’s request to “withdraw orders in the face of an ongoing appeal and/or potential government veto”. Thus, the sale of the latest generation of Apple smart watches will be prohibited.
“For the competing reasons discussed in the attached Commission Opinion, the Commission has decided to deny Apple’s request.”
Meanwhile, Apple is waiting for the call. The first time the company filed a request for appeal It was October 30, 2023 amid a long-running dispute between Masimo and Apple.
“On October 30, 2023, Apple filed a motion to withdraw the restraining orders with pending appeal and/or potential government veto.”
Perhaps the company with the bitten apple has no choice but to reach an economic agreement as it did with Caltech after a $1 billion request for infringement of a patent related to iPhone Wi-Fi chips.
Joe Biden’s administration can still veto the decision of the International Trade Commission. But this is the only way out for Apple. If it’s not the case, Apple will have to appeal to the United States Supreme Court.