Today is the Last Day to See if Apple Watch will be Available under Biden's Decision

The clock is ticking for a critical decision that could prevent the removal of the newest Apple Watch models from the market. President Joe Biden has until Christmas Day to overturn a ruling from the US International Trade Commission that has banned the sale of Apple Watch Series 9 and Apple Watch Ultra 2, along with other newer models, due to patent infringement claims from another company. Reports indicate that the chances of presidential intervention are slim.

In response to the ruling, Apple has already taken down the affected Watch models from its online store and it is expected that Apple Store locations will soon be without the latest high-end watches in stock. However, the more affordable Apple Watch SE remains available for purchase. The ban specifically impacts the Apple Watch Series 6 and newer models, as well as all versions of the Apple Watch Ultra.

In October, the US International Trade Commission found that Apple had infringed on a pulse oximeter patent owned by Masimo, a medical device manufacturer. Apple preemptively removed the Series 9 and Ultra 2 versions of the Apple Watch from its inventory on December 18 in anticipation of the ruling. Unless President Biden steps in, the 60-day review period for the ITC's decision will expire on Monday.

Apple may consider implementing software changes to modify the interaction between the Apple Watch and the pulse oximeter to avoid patent infringement. However, this process could be time-consuming and there is no guarantee that the ITC would accept Apple's proposed solution. Masimo's CEO, Joe Kiani, has accused Apple of intentionally violating his company's patents.

Both companies have been embroiled in legal battles for years, with Apple filing two patent infringement lawsuits against Masimo in October 2022. While it appears unlikely that President Biden will intervene, there is precedent for such actions. In 2013, President Barack Obama intervened to veto an ITC ruling that would have banned older iPhones and iPads after Apple was found to be in violation of one of Samsung's patents.