Apple has lost its bid to delay an import and sales ban on the Watch Series 9 and Watch Ultra 2. In a filing on Wednesday, the US International Trade Commission (ITC) denied Apple’s motion to stay the ban while awaiting an appeal.
On Monday, Apple announced its plans to pull the Watch Series 9 and Ultra 2 from store shelves in response to an October ruling from the ITC, which said the company’s SpO2 sensors infringed on patents from medical device maker Masimo. The last day to purchase the Watch Series 9 and Ultra 2 from Apple stores is December 24th, while the import ban officially goes into effect on December 26th. Apple is already exploring ways it can avoid the ban, including by implementing software changes, according to Bloomberg.
“For the reasons discussed in the Commission Opinion issued concurrently herewith, the Commission has determined to deny Apple’s motion to stay the remedial orders pending appeal and/or in light of a potential government shutdown,” the ITC’s filing reads. Apple didn’t immediately respond to The Verge’s request for comment.
The ban is only in effect in the US, and third-party retailers such as Best Buy will still be able to sell the pair of watches until their supplies run out. Although Apple’s attempt to stop the ban has failed, it still has a chance to undo the decision if President Joe Biden vetoes it. However, as my colleague Victoria Song points out, Apple getting a presidential veto “would be like lightning striking the same place twice.”