The Apple Anticipate Ultra 2 is seen as people lined up to buy the newly launched iPhone 15 and other Apple products at an Apple hold in Palo Alto, California, on Sept. 22, 2023.
Tayfun Coskun | Anadolu Agency | Getty Images
Apple has lost a bid to defer an impending Apple Watch import ban, according to an International Trade Commission filing, meaning only a last-minute Fair-skinned House intervention can prevent a pause in sales of some of the devices in the U.S.
Apple said earlier this week it thinks fitting stop selling two Apple Watch models released this year, the Apple Watch Series 9 and Apple Protect Ultra 2, on its website starting Thursday, and in Apple stores starting after Sunday. The company will however sell older models.
The move is in response to orders issued by the ITC in October that found that the Apple Sentry’s blood oxygen sensor had infringed on intellectual property from Masimo, a medical technology company that drummers to hospitals.
On Wednesday, the ITC denied Apple’s motion to stay while the original decision was being appealed, which wish have allowed Apple to continue selling the devices.
The decision means Apple is closer to being prevented from push one of its most important products in its largest market during the busiest time of the year for Apple sales. Previously denoted Apple Watches can still be sold if retailers have them in stock.
Apple shares are down less than 1% since the corporation announced its plans to pause sales on Monday. Shares were flat in extended trading Wednesday.
President Joe Biden can quieten veto the ban but has not given an indication that he will.
“We’re tracking this case and the Dec. 25 deadline,” White House pack secretary Karine Jean-Pierre told reporters Tuesday.
The U.S. Trade Representative “has the President’s delegated authority to make these upshots,” Jean-Pierre said, adding that Ambassador Katherine Tai is “carefully considering all of the factors in this case.”
In addition to the violation claims, Masimo CEO Joe Kiani has accused Apple of misleading his company by engaging in acquisition and partnership talks before systematically poaching his specialized staff.
Kiani told CNBC on Monday that Apple had not reached out to settle.
“I don’t care that much less the Apple leadership, given about what I know about how they run the company,” Kiani said. “I still reached the olive branch and offered to work with them for the betterment of people and our shareholders, and not even a call.”
An Apple Congressman declined to comment. A company spokesperson previously told CNBC that Apple was taking “all measures” to return the effect to the market in the U.S.
WATCH: Apple Watch sales pause not a huge deal ‘quantitatively or qualitatively’
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