Apple’s attempt to reverse Apple Watch sales ban fails

Key Takeaways

Apple has failed to postpone import ban on Watch Series 9 and Watch Ultra 2. President Biden is unlikely to intervene in favor of Apple. Apple engineers are working on a software workaround for the ban.

Apple has failed to convince the US International Trade Commission (ITC) to delay a forthcoming import ban on the Watch Series 9 and Watch Ultra 2. In a filing spotted by The Verge, the ITC denied a motion Apple had filed requesting a stay on the ban while it appeals the decision.

“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,” the ITC wrote in the filing. Apple did not immediately respond to Pocket-lint’s comment request.

On Monday, Apple announced it was “preemptively taking steps to comply” with an ITC ruling ordering the company to halt imports and sales of the Watch Series 9 and Watch Ultra 2 in response to a court decision that found the tech giant had infringed on patents from California-based medical device maker Masimo.

Starting on Dec. 21 at 3pm ET, the Watch Series 9 and Watch Ultra 2 will no longer be available to purchase in the US from Apple’s online store. As of Dec. 24, the company will also stop selling both wearables across the more than 270 retail locations it operates across the US.

For the time being, resellers like Amazon and Best Buy can continue to sell both wearables while supplies last.

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Although Apple has lost its bid for temporary relief, the company could still avoid a ban, provided President Joe Biden comes to its rescue.

After the ITC ordered the import ban in October, it referred the issue to the Biden administration for presidential review. The 60-day deadline for that process ends on Dec. 25. However, the likelihood of the president intervening on behalf of Apple is seen as a long shot, given it would negatively affect another American company. What’s more, Apple has already had the fortune of a US president vetoing an import ban. In 2013, former President Obama prevented an iPhone sales ban from taking effect when he intervened in the company’s favor in a dispute that involved Samsung.

According to Bloomberg, Apple engineers are racing to create a software workaround that would allow the company to continue selling the Watch Series 9 and Watch Ultra 2 in the US. However, it’s unclear if that would be enough to satisfy the ITC.

Source: Read More

Author (if provided): Igor Bonifacic

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