Apple Watch Availability Uncertain After ITC Ruling: Consumers Left in Suspense

Update: 2023-12-21 11:26 IST

In a surprising turn of events, Apple's efforts to delay the sales ban on its Apple Watch Series 9 and Apple Watch Ultra 2 have been thwarted by the International Trade Commission (ITC). This setback comes at an inopportune moment for the tech giant, just as the holiday season is in full swing. On December 18, Apple declared that, in compliance with an October ruling by the ITC following a protracted patent dispute with medtech company Masimo, it would cease sales of the aforementioned smartwatches from December 21 onwards.

The dispute revolves around Masimo's patents related to Apple's SpO2 (blood oxygen) sensor, a critical component of its wearable technology. In a last-ditch effort to extend the sales deadline due to the bustling holiday season, Apple filed a motion with the ITC. However, the commission has decisively denied this plea, compelling Apple to adhere to the imposed sales ban starting immediately.

The denial was explicitly stated in the ITC's response, citing, "For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple's motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown." Consequently, Apple must discontinue the sale of its latest smartwatches through its official channels, both online and in physical stores.

Crucially, this sales ban is restricted to the United States, and third-party retailers remain unaffected, allowing them to continue selling existing inventory until depleted. The ITC's ruling in October determined that Apple had infringed upon Masimo's patents, specifically related to the calculation of blood oxygen saturation through an Apple Watch app.

The impact of this ban on Apple is substantial, given that the Apple Watch Series 9 and Ultra 2 constitute a significant portion of the company's watch sales. Although Apple does not disclose specific revenue figures for these devices, they play a pivotal role in its Wearables, Home, and Accessories business, contributing to an annual revenue exceeding $40 billion.

Furthermore, the timing of the ban is particularly detrimental, coinciding with the peak of Apple's sales during the holiday season. Even if a reversal of the ban occurs at a later date, Apple stands to miss out on a crucial revenue opportunity during this peak period.

To comply with the ITC's decision, Apple will remove the affected devices from its online store at 3 PM New York time on Thursday. Notably, the Apple Watch SE, lacking the contested blood oxygen feature, remains available for purchase. Apple assures customers that watches already sold will not be impacted by this development. 

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