ITC Rejects Apple’s Request for Stay on Apple Watch Ban, Posing Significant Setback

In the latest twist in the patent battle between Apple and Masimo, Apple has been denied an attempt to delay the upcoming sales and import ban on its Apple Watch Series 9 and Ultra 2 smartwatches.

As The Verge discovered, the U.S. International Trade Commission, or ITC, has blocked Apple’s request to stay the watch ban pending an appeal in a recent filing.

For the uninitiated, Apple has been asked to stop selling and importing its Series 9 and Ultra 2 smartwatches into the US – due to a patent infringement on its SpO2 blood oxygen sensor technology with Masimo, the creator of medical devices such as pulse oximeters.

“For the reasons discussed in the Commission’s concurrent opinion, the Commission has decided to deny Apple’s request to stay the remedial orders pending appeal and/or due to a potential government shutdown,” the ITC’s filing says.

December 21st at 3:00 PM ET is the deadline for Apple to end online sales of the Apple Watch Series 9 and Apple Watch Ultra 2 smartwatches in the United States. However, those interested can still schedule pickups from Apple’s official retail stores until December 24, and of course while supplies last. The import ban itself will enter into force on December 26.

Apple is trying to get around the ban

Apple is also said to be working to overturn the ban on its latest smartwatches in the US. The iPhone maker is actively exploring possible solutions, including software changes to the algorithm used to measure blood oxygen.

Earlier this week, Bloomberg reported that Apple’s smartwatch business is worth about $17 billion, and that Apple engineers are currently “tweaking” algorithms to change the way the proprietary technology determines blood oxygen saturation and presents the data to customers. In particular, on the other hand, Masimo believes that Apple would not be able to cope with this.

Apple may also use the Biden administration’s presidential veto to allow it to operate as normal, rendering the ITC’s ruling null and void.