Apple can no longer sell the Watch Series 9 and Watch Ultra 2 after the White House refused to veto the International Trade Commission's (ITC) product ban.
President Joe Biden and his administration had until Christmas Day to rescind the ban that stopped Apple from selling various new models, such as the Series 9 and Ultra 2, because they violated patents registered to another company.
The office of US Trade Representative Katherine Tai confirmed the decision in a statement Tuesday, saying, "After careful consultations, Ambassador Tai decided not to reverse the ITC's determination, and the ITC's decision became final on December 26, 2023."
In a statement to Reuters, an Apple spokesperson confirmed it's appealing, saying, "We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible."
Apple removed the products from their website last week and store shelves on Christmas Eve, however the watches are still available at other retailers such as Best Buy, Target, Amazon and more. The Apple Watch SE was not part of the ban, so it remains on sale. But the Apple Watch Series 6 and later, and all models of Apple Watch Ultra, are currently unavailable through Apple as of press time.
The ITC issued the ban after finding that Apple violated a patent for a pulse oximeter, which uses light-based technology to read blood-oxygen levels, and Masimo, a medical device maker, has the patent. Masimo CEO Joe Kiani told CNN he felt Apple deliberately violated his company's patents.
Apple and Masimo have a long history with each other. In October 2022, Apple filed two patent lawsuits against Masimo.
