Apple's Smart Watch Series 9 & Ultra 2 to go off shelves unless Biden intervenes

NEW YORK: Apple's latest series of smart watches in Series 9 and Series Ultra 2 watches may have to go off the shelves of retailers and Apple stores unless US President Joe Biden intervenes to overturn the US International Trade Commission ruling that bans their sale.

December 25 -- Christmas Day, was also the last day for the government to intervene and block the commission's ruling. But President Biden is unlikely to intervene in the commission's ruling and set a precedent for other businesses to follow, media reports said.

The clock is virtually winding down on a last-minute, emergency action to keep the latest Apple Watch on store shelves, media reports said.

Biden has until the end of Christmas Day to overturn a US International Trade Commission (ITC) ruling that will prevent Apple from selling the Apple Watch Series 9 and Apple Watch Ultra 2, among other newer models, because they violate patents registered to another company.

But it appears unlikely he'll intervene, CNN reported.

Apple has taken pre-emptive action taking the "Offending Watch models" off its online store, and Apple Store locations are expected to open on Tuesday without any of the latest top-of-the-line watches in stock.

However, the cheaper Apple Watch SE, which was not part of the ruling, will continue to be sold by retailers. But the ban is going to hurt Apple in the long run as it would affect its Watch Series 6 and later, and all models of Apple Watch Ultra, reports said.

In October, the US International Trade Commission ruled that Apple was in violation of a pulse oximeter patent, which uses light-based technology to read blood-oxygen levels ( SPO2).

The medical device maker Masimo is the current holder of the patent in question.

Apple has been marketing its smart-watch as a life-saving device, which helped launch Apple achieve billion dollar sales, making it the most popular watch sold around the world.

But its current controversy with Masimo threatens to undermine any further global sales and the mega bucks from rolling in.

Apple opted to pre-emptively begin taking the Series 9 and Ultra 2 versions of the Apple Watch out of stock on Dec 19 anticipating the commission's ruling kicking in.

Without any intervention from Biden, as the 60-day review period on the ITC's ruling ends Monday.

"Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers," the company said in a statement at the time.

But Apple (AAPL) also pledged to "take all measures" to bring the Apple Watch back to US customers soon, reports said.