The clock is ticking for Apple as President Joe Biden faces a Christmas Day deadline to potentially overturn a US International Trade Commission (ITC) ruling that could halt sales of the latest Apple Watch models, including the Apple Watch Series 9 and Apple Watch Ultra 2. The ITC ruling claims patent violations by Apple, specifically regarding a pulse oximeter patent held by medical device maker Masimo.
Apple has already removed the implicated Watch models from its online store, and Apple Store locations are anticipated to open without the latest watches in stock. While the Apple Watch SE remains available, the ban would impact the Apple Watch Series 6 and newer models, as well as all versions of the Apple Watch Ultra.
In October, the ITC ruled that Apple infringed on Masimo’s pulse oximeter patent, a technology reading blood-oxygen levels. The potential ban poses a threat to Apple’s smartwatch, which the company has marketed as a life-saving device, contributing to its global popularity.
To preempt the ruling’s impact, Apple took proactive measures by delisting the Series 9 and Ultra 2 versions from stock on December 18. The 60-day review period on the ITC’s decision concludes on Monday unless Biden intervenes.
While Apple vehemently disagrees with the order, the company is exploring legal and technical options to ensure continued availability of the Apple Watch. The possibility of making software tweaks to comply with the patent is being considered, but the outcome is uncertain, and the ITC’s acceptance of any modifications is not guaranteed.
Masimo CEO Joe Kiani alleges intentional infringement by Apple, noting a history of legal disputes between the two companies. In a countermove, Apple filed patent infringement lawsuits against Masimo in October 2022.
Although Biden’s intervention appears unlikely, historical precedent exists. In 2013, President Barack Obama vetoed an ITC ruling against Apple for violating Samsung’s patents, demonstrating the potential for executive action in such cases.
