Hannah Hopkins 
Dec 27, 2023
The ticking of the clock giving respite to the Apple Watches on the retailers’ store shelves eventually stopped after the Biden administration refused to show the green flag to keep the sales of Apple’s best-selling gadget alive.
To overthrow the ruling that obstructed Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, the White House had the end of Christmas as the deadline to decide on the matter.
“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023,” read a statement issued by the US Trade Representative Katherine Tain.
Read more: Apple to halt sales of new watches due to patent infringement lawsuit
Apple seeks to overthrow ITC ruling
Apple has filed an appeal to the Federal Circuit Court to overthrow the ITC ruling, reported CNN.
“Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers,” the company said in a statement at the time. However, Apple vowed to “take all measures” to bring the Apple Watch back to the US market.
Fearing to “suffer irreparable harm” if the ban is not lifted with the ongoing appeal, Apple filed a motion to seek a temporary stay on the ban until US Customs would reassess its redesign, which is expected to take place by January 12.
Apple is no more selling newest Apple Watches
Not being part of the ruling, the cheaper Apple Watch SE remains available for purchases in stores and online. Whereas the ban affected the Apple Watch Series 6 and later, and all models of Apple Watch Ultra.
Masimo’s patent violation
In October, the ITC ruled that Apple violated a pulse oximeter patent designed by Masimo, a medical device maker.
Top retailers like Amazon and Best Buy, among others, continue to sell their remaining stock of Apple Watches in stores and online. However, the ruling prohibits Apple from importing further smartwatches to the US.
Masimo CEO Joe Kiani told CNN he believes Apple deliberately infringed on his company’s patents. But the companies have been at loggerheads for years. In October 2022, Apple filed two patent infringement lawsuits against Masimo.
