Apple's application to postpone the import and sales ban on Watch Series 9 and Watch Ultra 2 failed. In a filing on Wednesday, the U.S. International Trade Commission (ITC) rejected Apple's motion to stay the ban pending an appeal.
On Monday, Apple announced plans to remove the Watch Series 9 and Watch Ultra 2 from stores in response to an October ruling by the International Trade Commission that Apple's SpO2 sensor infringed on a patent from medical device maker Masimo. The last date to purchase Watch Series 9 and Ultra 2 from the Apple Store is December 24, while the import ban will officially go into effect on December 26. According to Bloomberg, Apple is already exploring ways to circumvent the ban, including implementing software changes.
"For the reasons discussed in the concurrent Commission opinion, the Commission decided to deny Apple's motion to stay the remediation order pending appeal and/or in light of a potential government shutdown," the ITC filing reads.
The ban is only effective in the United States, and products already on the shelves will not be affected. Third-party retailers such as Best Buy can still sell the pair of watches until their stocks run out. While Apple's efforts to block the ban failed, it still has a chance to reverse the decision if U.S. President Joe Biden vetoes the ban. However, industry insiders believe that Apple's obtaining a presidential veto is "like lightning striking the same place twice."