The ITC Apple Watch import ban goes into effect on December 25, 2023, and Apple will no longer be allowed to sell the Apple Watch in its retail stores or online in the United States. (Retail partners like Best Buy, Target, and Walmart will be able to continue selling the Apple Watch until their supplies run out.) The ban also affects repairs of out-of-warranty Apple Watch models.
Apple traditionally “repairs” Apple Watches by replacing the broken unit with a new model rather than fixing a faulty component. Due to the United States International Trade Commission ban on Apple Watch imports of models that feature a blood oxygen sensor, replacement units will not be available.
Apple informed retail employees about the repair situation in a memo that went out earlier this week. Portions of the memo were first shared by MacRumors and Bloomberg. Apple is set to stop all U.S. online sales of the Apple Watch later today, while in-store sales will cease after December 24.
“Product replacement (CRU) programs aren’t available in the United States for the watches below: Apple Watch Series 6 or later, Apple Watch Ultra or later,” reads the memo.
Apple Watch models affected by the import ban include the Apple Watch Series 6 and later models, except for the Apple Watch SE, which does not have a blood oxygen sensor. Customers with a damaged Apple Watch will need to wait on repairs until hardware replacements are available again. Software-based repairs will still be available.
Apple Watch models that remain under warranty are still allowed to be replaced. This includes Watches still under the standard one-year warranty for new devices, as well as devices protected via an extended AppleCare warranty.
Customers will also not be able to exchange an Apple Watch once the ban comes into effect, but they can still replace or return Apple Watch accessories like bands.
The U.S. International Trade Commission (ITC) ordered a ban on Apple Watch imports into the country. The ban follows a ruling by the ITC that Apple had violated pulse oximetry patents held by Masimo.
Masimo in 2020 claimed Apple stole Masimo employees and stole trade secrets while the Cupertino firm was developing the Apple Watch. Masimo was seeking over $1.8 billion in damages and co-ownership of five Apple pulse oximetry patents that Masimo said used its technology.
Apple did indeed hire employees away from Masimo, hiring Chief Medical Officer Michael O’Reilly in July 2013, and then in 2014, it hired Cercacor Chief Technical Officer Marcelo Lamego (Cercacor is a Masimo spinoff company). Masimo claims that the two former employees shared Masimo’s intellectual property when they developed the Apple Watch, which Apple denies.
While Apple seems to think a software-based solution will resolve the patent issue, it is unlikely that a software fix will be deployed before sales stop, as the changes will need to be tested.
The White House could still give Apple a reprieve by vetoing the ITC’s decision, but so far the Biden administration has not made a move to do so. The White House has until Christmas Day, December 25 to make a decision.
Apple engineers are reported to be “racing” to make changes to algorithms on the Apple Watch that measure a user’s blood oxygen level — a feature that Masimo Corp. has argued infringes its patents.
