Apple has lost its appeal on the ban on sales of the Apple Watch in the USA by the ITC, this will affect the current models of the Apple Watch in the USA, the Apple Watch Ultra 2 and the Apple Watch Series 9.
Apple will stop selling both models in Apple stores in the USA from the 24th of December, the ban will come into force from the 26th of December 2023, the ban will not affect other countries at the moment, you can see a statement from the ITC below.
On October 30, 2023, Apple filed a motion to stay the exclusion and cease and desist orders pending appeal and/or in light of a potential government shutdown. On November 9, 2023, Complainants filed an opposition to Apple’s motion. On November 20, 2023, Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for Masimo W1 Watch requesting that the Commission consider certain documents in making its decision on Apple’s motion.
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, and it has done so without reliance on the materials of which Complainants requested the Commission take judicial notice.
So the Apple Watch ban will come into force in the USA on the 26th of December 2023, it will be interesting to see what happens, and whether Apple manages to either fix the issue on its devices to get around the patents or comes to some sort of agreement with Massimo over its technology.
Source ITC (PDF), The Verge
Filed Under: Apple
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