The Apple Watch ban is now in full force after the Biden administration chose not to intervene and reverse the decision to stop sales – and Apple has said it will now appeal a decision that it “strongly disagrees” with.
To recap: Apple has been told to halt sales of the Apple Watch 9 and the Apple Watch Ultra 2 in the US, over a sensor patent dispute with a company called Masimo. You can no longer buy these products direct from Apple, and as imports into the US have been stopped too, they’ll soon be disappearing from third-party retailers too.
As per the BBC and 9to5Mac, the 60-day window during which the White House has the opportunity to get involved has now passed without incident – and that means the ruling made by the International Trade Commission (ITC) in the US still stands.
The office of Katherine Tai, the United States Trade Representative Ambassador, said on Tuesday that it had come to the decision not to reverse the ITC’s decision after some “careful consultations”. It was Apple’s last real hope of avoiding a ban.
The next steps
Apple, as you might expect, isn’t best pleased. In a statement to 9to5Mac, it said “we strongly disagree” with the decision, and the company has now confirmed that it’s “taking all measures” to get the ban lifted – including an official appeal.
“At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives,” the statement says, noting that “millions of people” benefit from the “scientifically validated” features on the Apple Watch. That seems to suggest the sensor tech is all Apple’s own work, rather than being pinched from Masimo.
It’s not clear exactly how long all of this will take to play out, but the Customs and Border Protection (CBP) organization in the US is due to make a decision on January 12 on whether redesigned versions of the Apple Watch 9 and Apple Watch Ultra 2 – without the disputed elements – can be put on sale.
For the time being, repairs and replacements aren’t affected, as long as your device is still under warranty or protected by AppleCare. Apple says it wants normal service resumed “as soon as possible”, so watch this space.
