ITC Denies Apple's Motion to Delay Ban on Apple Watch Sales Pending Appeal

Apple Watch Series 9 and Ultra 2 sales bans remain valid (photo: dock. Apple)

JAKARTA – Apple's request to postpone the sales ban on the Apple Watch Series 9 and Ultra 2 pending the White House's decision was rejected by the International Trade Commission (ITC).

According to a notification letter issued by the ITC, seen by a report by The Verge, Apple has requested a stay regarding the ban on the sale of two of its smartwatches pending an appeal. However, this application was opposed by the complainant, namely Masimo.

The medical technology company said it objected to Apple's motion. They submitted objections twice, first on November 9 and second on November 20 while submitting documents that needed to be considered.

“Complainants also filed a Request for Judicial Notice of Recent Regulatory Developments for the Masimo W1 Watch requesting that the Commission consider certain documents in making a decision on Apple's motion,” the ITC explained.

After studying Apple's motion and Masimo's objection, the ITC decided to reject Apple's request. They will not postpone the ban on sales of the Apple Watch Series 9 and Ultra 2 even though the White House has not yet issued a decision.

With Apple's motion rejected by the ITC, these two smartwatches will remain withdrawn from all Apple stores in the United States on December 24 and Apple will stop importing the devices on December 26.

For now, Apple can only wait for a direct decision from United States President Joe Biden. If Biden sides with Apple, the ITC's decision will not apply and Apple will still be able to sell its two advanced smartwatches.

Previously, Apple was found guilty in a patent dispute filed by Masimo in 2021. During the two years the case was running, the ITC decided that Apple violated Masimo's blood oxygen measurement patent.