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The Apple Watch Ultra 2 is seen as people stand in line to purchase the newly launched iPhone 15 and other Apple products at an Apple Store in Palo Alto, California on September 22, 2023.
Typhoon Koskun Anadolu Agency | getty images
Apple A bid to delay an impending Apple Watch import ban has lost, according to an International Trade Commission filing, meaning only a last-minute White House intervention could prevent a halt to sales of some devices in the US.
Apple said earlier this week that it would stop selling the two Apple Watch models released this year, the Apple Watch Series 9 and Apple Watch Ultra 2, on its website starting Thursday and in Apple Stores starting Sunday. The company will still sell the old models.
The move is in response to orders issued by the ITC in October that found the Apple Watch’s blood oxygen sensor infringed intellectual property. massimoA medical technology company that sells to hospitals.
On Wednesday, the ITC rejected Apple’s motion for a stay while the original decision was being appealed, which would have allowed Apple to continue selling the devices.
The decision means Apple could be prevented from selling one of its most important products in its biggest market during Apple’s busiest time of the year for sales. Previously imported Apple Watches may still be sold if retailers have them in stock.
Apple shares have fallen less than 1% since the company announced plans to halt sales on Monday. Shares remained flat during extended trading on Wednesday.
President Joe Biden can still veto the ban but has given no indication he will do so.
“We are keeping an eye on this matter and the Dec. 25 deadline,” White House press secretary Karine Jean-Pierre told reporters Tuesday.
“The US Trade Representative has the authority granted by the President to make these decisions,” Jean-Pierre said. She said Ambassador Katherine Tai was “carefully considering all factors in this case.”
In addition to the infringement claims, Masimo CEO Joe Kiani has accused Apple of misleading his company by getting into acquisition and partnership talks before systematically poaching its tech employees.
Kiani told CNBC on Monday that Apple has not reached a settlement.
Kiani said, “I don’t care as much about Apple leadership as I do about how they run the company.” “I nevertheless extended an olive branch and offered to work with them for the good of the people and our shareholders, and didn’t even get a call.”
An Apple representative declined to comment. A company spokesperson previously told CNBC that Apple is taking “all measures” to get the product back on the market in the U.S.
Watch: Apple Watch sales halt ‘not a big deal’ ‘quantitatively or qualitatively’
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