Apple Watch patent case deepens as ITC denies plea to stay import ban

The doomsday clock for Apple Watch is ticking as the US ITC denied plea to stay import ban on Wednesday.

The Apple Watch Ultra 2 and Series 9 face a complete ban in the US. (Express image)

Apple is quickly running out of time as the doomsday for the latest Apple Watch lineup approaches. Wednesday saw another major setback as the US International Trade Commission (ITC) denied the company’s request to delay a ban on imports and sales of the two devices, which was handed down in an October ruling stating that Apple infringed on patents held by medical device company Masimo related to SpO2 sensors for measuring blood oxygen levels.

As a result, Apple announced earlier this week that it will pull the Watch Series 9 and Ultra 2 off all store shelves in the US by December 24, with the import ban going into effect December 26. This applies only to Apple’s own retail stores – third-party retailers like Best Buy will still be able to sell any remaining inventory after that date.

Apple isn’t giving up yet though. The company is already exploring potential software changes to the watches that could allow it to circumvent the ban. Apple also still has a slim chance of overturning the ITC’s decision if President Joe Biden vetoes it, but experts suggest it’s highly unlikely.

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In the ITC filing released Wednesday denying Apple’s request for a stay, the Commission stated that “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.”

So for now, consumers only have until December 24 to grab the Watch Series 9 or Ultra 2 from Apple stores. After that, availability will be limited as Apple fights to keep its latest smartwatch offerings on the US market.

Curious about the series of events that led to the ban and how Apple is trying to work its way around it? Read our explainer to know more.