Apple is now banned from selling its latest Apple Watches in the US::Apple can no longer sell the Apple Watch Ultra 2 and Watch Series 9 in the US. The International Trade Commission issued an import ban on the devices that took effect on December 26th, 2023.
The ban only affects Apple stores in the US. That means customers can still get their hands on a Watch Series 9 or Watch Ultra 2 at Best Buy, Target, and other retailers while supplies last. Apple will also continue selling the Watch SE, as it doesn’t come with a blood oxygen sensor.
BestBuy etc don't sell Apple's products on commission, they bought them from Apple for a wholesale price, they've got them in a warehouse and on shelves right now on their dime, and the only way they make that money back is by selling them.
And the only way Apple makes money from a product being sold at Best Buy is that Best Buy will likely buy more stock to replace the stuff they sold, and they'll buy that from Apple.
So if it was banned everywhere it would be unfair to the retailers that already paid Apple for a product they now can't recoup, and it wouldn't impact Apple at all because they already made their money from Best Buy.
This way the retailers can get their money back, but can't get any more, which means only Apple is impacted.
The only other way that's semi-fair (but would be extreme) would be for Apple to be forced to do a recall or something and reimburse all the retailers the money they had already spent. Doable, and definitely more of a punishment for Apple, but a lot of extra work for everyone if the outcome of this is that Apple settles and then everyone can just go back to ordering more again.
Really wonder what exactly Apple is planning/trying to do here. They have more than enough money to settle with Masimo - IMO it makes the most sense for them to just settle an amount for the existing watches, and redesign a new oxygen sensor module for the US market.
Kind of silly for them to expect some kind of special treatment ripping off another company's tech, when they themselves are hyper protective over copycats ripping them off
A statement (via CNBC) from the Office of US Trade Representative Katherine Tai said the agency “decided not to reverse the ITC’s [International Trade Commission] determination” after “careful consideration.”
The ITC issued the ban after finding that Apple infringed on blood oxygen saturation technology patented by a company called Masimo.
It also ordered Apple to stop selling any previously-imported devices with the infringed-upon tech.
While Apple attempted to block the decision while awaiting an appeal, the ITC denied Apple’s request, and the other chance of intervention was a veto from President Joe Biden, which didn't happen.
Apple will also continue selling the Watch SE, as it doesn’t come with a blood oxygen sensor.
But both of those methods might not be enough to satisfy the ITC, which is why Apple could always choose to settle with Masimo instead.
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