Biden's Deadline Arrives: The Final Day for Apple Watch Availability

Time is running out for a last-minute, emergency effort to ensure that the newest Apple Watch remains available for purchase in stores. President Joe Biden has until the end of Christmas day to reverse a ruling by the US International Trade Commission that would prohibit Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, as well as other newer models, due to patent infringement. However, it seems improbable that he will intervene.

Apple has removed the affected Watch models from its online store, and Apple Store locations are anticipated to reopen on Tuesday without the latest top-of-the-line watches in stock. The less expensive Apple Watch SE, which was not included in the ruling, is still available for purchase. However, the ban will impact the Apple Watch Series 6 and later, as well as all models of the Apple Watch Ultra.

In October, the US International Trade Commission determined that Apple had infringed upon a pulse oximeter patent using light-based technology to measure blood-oxygen levels. The patent in question is held by Masimo, a medical device manufacturer.

Apple has consistently promoted its smartwatch as a life-saving gadget, leading to its global popularity. However, its conflict with Masimo could jeopardize this. Taking preemptive action, Apple decided to temporarily remove the Series 9 and Ultra 2 versions of the Apple Watch from stock in anticipation of the impending ruling. Without President Biden's intervention, the 60-day review period on the ITC's ruling will expire on Monday.

Apple has expressed strong objection to the order and is actively exploring various legal and technical possibilities to make the Apple Watch accessible to consumers," the company stated. Additionally, Apple (AAPL) has committed to exhaust all efforts to swiftly reintroduce the Apple Watch to the US market.

There is a possibility that the company can make adjustments to the software, such as modifying the way the Watch communicates with the pulse oximeter to avoid infringing Masimo's patent. However, implementing such a change could be time-consuming, and there is no assurance that the ITC will approve Apple's proposed resolution.

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During an interview with CNN, Masimo CEO Joe Kiani accused Apple of intentionally violating his company's patents. The two companies have a long history of conflict, with Apple recently filing two patent infringement lawsuits against Masimo in October 2022. While the likelihood of intervention from President Biden is uncertain, there is a precedent for such action. In 2013, President Barack Obama vetoed an ITC ruling to ban older iPhones and iPads after it was found that Apple had violated one of Samsung's patents.

CNNs Samantha Kelly contributed to this report.