Apple is still scrambling to fix the patent dispute so that the company can still put the affected models on shelves, but it looks like there really will be a temporary ban on the watches. The only thing left to do is wait to see if Apple's other plans to reverse it will work.
The Ban Will Proceed as Planned
Apple already has two plans in place to reverse the ban, but it still won't fix things in time to keep it on the shelves. The aim was to delay the ban, at least until one of Apple's solutions is decided, but the International Trade Commission opted for staying on schedule.
With that decision, customers will have until December 24th to purchase the Apple Watch Series 9 and Ultra 2 from Apple Stores before they're removed. The official ban that affects imports as well will be after Christmas on December 6th.
In the ITC's filing, the Commission said that the denial of Apple's "motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown" was for the reasons "discussed in the Commission Opinion issued concurrently herewith," as per The Verge.
In case you missed the news, Apple's smartwatch ban follows another company's claims that its medical technology patent was infringed by Apple. The patent owner, Masimo, claimed in legal filings that the iPhone maker used its blood oxygen tool without licensing it.
Furthermore, the medical technology company accused Apple of poaching its employees to develop the technology for Apple Watches. Masimo CEO Joe Kiani said that over 20 of the company's employees were hired by Apple.
They were said to be encouraged by Apple by offering double the salary. Apple denies that this was to steal trade secrets from Masimo, and that even though employees from Masimo were hired, the development for its SpO2 sensors was done within Apple.
Apple's Solutions to Lift the Ban
The tech giant has two solutions in place, likely with one or the other as a contingency in case things don't work out as they hope. One was approaching the Biden administration to reverse the ITC's ruling, while the other was to issue a software update to circumvent the patent dispute.
The company is already working on the software update, which will modify the Apple Watch's algorithm for blood oxygen levels. The review will not be finalized until next week, meaning that the Series 9 and Ultra 2 will be off the shelves at the height of holiday shopping.
Even then, the ITC would still need to approve the update and determine whether it's enough to lift the ban. Kiani said that the software update is not likely to work, given that their patents are not just about software and are "about the hardware with the software," as per Engadget.
If Apple loses on all fronts, they might be forced to cut a licensing deal with Masimo, which had already been offered by the chief executive before. In the meantime, Apple will have to comply with the temporary ban that was issued.
