Apple loses bid to delay import/sales band on some Apple Watch models

Apple has lost its bid to delay an import and sales ban on the Apple Watch Series 9 and Apple Watch Ultra 2, reports The Verge. This is all part of an ongoing legal patent battle with medical technology company Masimo.

In a filing on Wednesday, the US International Trade Commission (ITC) denied Apple’s motion to stay the ban while awaiting an appeal. The tech faces an import ban based on violating patents for the pulse oximeter feature in Apple Watch Series 9 and Ultra 2 models. The SE and Nike models don’t have the feature, so they can continue to be sold.

The Apple Watch Ultra 2 and Apple Watch Series 9 will no longer be available to order from Apple’s website in the U.S. after 3 p.m. ET on Thursday, December 21. In-store inventory will no longer be available from Apple retail locations after December 24.

The ITC ruling doesn’t kill Apple’s chances of stopping the Apple Watch ban from going into effect. The Biden administration can still step in and veto the ITC’s decision. However, the Presidential Review Period expires on December 25. And I wouldn’t hold my breath for a Presidential veto.

However, Bloomberg reports that Apple is plotting a “rescue mission” for the $17 billion business that includes software fixes and other potential workarounds. The article says that engineers at the company are racing to make changes to algorithms on the device that measure a user’s blood oxygen level — a feature that Masimo claims infringes its patents. They’re adjusting how the technology determines oxygen saturation and presents the data to customers, according to Bloomberg.