Only Biden can save Apple Watch: ban on the latest models in the USA

Apple has just communicated traumatic news for its US users: after December 21st, it will no longer be possible to buy Apple Watch Series 9 or Apple Watch Ultra 2 In the USA.

The company’s two most recent smartwatches were in fact affected by one legal dispute linked to some patents of the company Masimo, which Apple would have violated to create the sensor that measures oxygen in the blood.

Following the controversy, the International Trade Commission (ITC) ordered a sales ban in the USA of the devices involved, i.e. the most recent Apple Watch models, Series 9 and Ultra 2.

The order was issued in October and the only person who can block the decision is the President of the United States Joe Biden, who has a Presidential Review Period of 60 days during which he can impose a veto on the ITC’s decision.

This period will expire on December 25th and at the moment there is no news to suggest that the White House wants to intervene.

For this reason, Apple has already stepped up by announcing that from December 21st Apple Watch Series 9 and Apple Watch Ultra 2 they will no longer be for sale on the company’s official website.

These models can still be sold by third-party stores as long as they are available, but from December 25th Apple will no longer be able to supply the two Apple Watch models to retailers: once stocks have run out, the latest Apple Watch models will therefore no longer be sold in the United States.

It is worth pointing out that the units have already been sold will continue to function normallythere will be no software block or anything that will prevent the SpO2 sensor from working, but it will no longer be possible to purchase Apple Watches equipped with this sensor.

According to reports from 9To5Mac which followed the case closely, Masimo (a multinational company specializing in medical technology) accused Apple of infringing 5 patents; The ITC has confirmed infringement of 2 of Masimo’s patents, both of which concern the pulse oximeter included in the Apple Watch.

At the moment it is not known what will happen: as mentioned, Biden would have until December 25th to veto the ITC’s decision, but appears unwilling to do so.

After Christmas Day, Apple’s sales ban will go into effect. The company intends to appeal Court of Appeals for the Federal Circuit but it will still have to stop the sale of the two models involved, which could only resume after a possible favorable ruling from this appeal court.

The two patents that Apple is accused of infringing will only expire in August 2028: barring changes, therefore, Apple will have to change the technology used to measure oxygen on its Apple Watches, or (more likely) find an agreement with Masimo that will allow it to start selling its best smartwatches again.