The Worldwide Commerce Fee has formally denied certainly one of Apple’s last-ditch makes an attempt to halt the looming Apple Watch Sequence 9 and Apple Watch Extremely 2 ban. This formally means Apple’s final recourse is for President Biden to veto the ITC’s choice.

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The newest on the looming Apple Watch gross sales ban

In a submitting on Wednesday, noticed by The Verge, the ITC declined Apple’s request to “keep the remedial orders pending attraction and/or in mild of a possible authorities shutdown.” That’s, the ITC won’t cease the Apple Watch gross sales ban whereas Apple awaits an attraction. Apple first filed this attraction on October 30.

The ITC first issued its ruling in October. As we’ve coated extensively, that is a part of the long-running patent dispute between Apple and medical know-how firm Masimo across the Apple Watch’s blood oxygen sensor know-how.

On October 30, 2023, Apple filed a movement to remain the exclusion and stop and desist
orders pending attraction and/or in mild of a possible authorities shutdown. On November 9, 2023, Complainants filed an opposition to Apple’s movement. On November 20, 2023,
Complainants additionally filed a Request for Judicial Discover of Latest Regulatory Developments for Masimo W1 Watch requesting that the Fee think about sure paperwork in making its choice on Apple’s movement.

For the explanations mentioned within the Fee Opinion issued concurrently herewith, the Fee has decided to disclaim Apple’s movement to remain the remedial orders pending attraction and/or in mild of a possible authorities shutdown, and it has finished so with out reliance on the supplies of which Complainants requested the Fee take judicial discover

This choice by the ITC doesn’t kill Apple’s probabilities of stopping the Apple Watch ban from going into impact. The Biden administration can nonetheless step in and veto the ITC’s choice. The clock is ticking on that, nevertheless. The Presidential Evaluation Interval expires on December 25.

Apple can attraction the ITC’s last choice with the US Court docket of Appeals for the Federal Circuit as soon as the Presidential Evaluation Interval has expired. The corporate beforehand confirmed to 9to5Mac that it plans to file an attraction on December 26. Interesting the choice, nevertheless, won’t delay the ban on Apple Watch Sequence 9 and Apple Watch Extremely 2 gross sales and imports.

In an effort to preemptively adjust to the ITC ban set to enter impact on December 25, the corporate will halt gross sales of the Apple Watch this week.

The Apple Watch Extremely 2 and Apple Watch Sequence 9 will not be obtainable to order from Apple’s web site within the US after 3 p.m. ET on Thursday, December 21. In-store stock will not be obtainable from Apple retail places after December 24. Whereas provides final, it is possible for you to to purchase the Apple Watch on Amazon.

Apple can also be exploring software program modifications to the Apple Watch’s blood oxygen sensor that would enable it to avoid the 2 Masimo patents in query. Masimo, nevertheless, has mentioned that the “{hardware} should change.”

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