Apple Watch Ban Won't Stop Third-Party Sales - But Apple Can't Say So

Apple Watch Ban Won't Stop Third-Party Sales - But Apple Can't Say So

The Apple Watch 9 and Apple Watch Ultra 2 can be purchased at third-party retailers, even if Apple itself cannot sell them for legal reasons. But according to Bloomberg's Mark Gurman, Apple staffers are not allowed to tell customers this.

Instead Gurman reports that Apple team members have been instructed to tell you: "Unfortunately, due to ongoing legal issues, we are unable to provide information on where you can purchase the Apple Watch Series 9 or Ultra 2." They are also ordered "not to speculate with customers about how or when this issue will be resolved."

This seems like a pretty strong order to convey to Apple Store staff, and definitely bad purchasing advice. However, considering the possible legal consequences, Apple would certainly rather be safe than sorry here.

The International Trade Commission ordered Apple to stop selling its latest smartwatch by December 25 after Apple filed a patent dispute with Masimo, another California company, over who owns the rights to a particular blood oxygen monitoring patent. Apple is expected to appeal the decision and seek a settlement or licensing agreement with Masimo or attempt to redesign the infringing components, but the sales ban will remain in place until everything is resolved.

Apple is apparently preparing early against the block; online sales of the Apple Watch 9 and Apple Watch Ultra 2 are scheduled to end on Thursday, December 21, and in-store sales by Monday, December 24.

However, stores such as Best Buy, Amazon, and Walmart are still selling the two watches, as you can see in our Apple Watch 9/Ultra 2 inventory guide. However, Bloomberg adds that Masimo and Apple disagree on whether third-party sales are allowed under the terms of the ITC block, and we will have to wait to know if these retailers can continue to sell the watches.

Even if they are allowed to continue selling outside of Apple, there is also the issue of finite inventory. Even if non-Apple stores were allowed to continue selling the two problematic Apple watches, if Apple is unable to supply new units under the terms of the ban, they may not be able to restock once their inventory runs out.

Another Bloomberg report states that the Biden administration is closely monitoring the situation, but that the federal government has limited time to act to stop the ban.

Spokesperson Carine Jean-Pierre explained that U.S. Trade Representative Catherine Tye, who is responsible for determining what action the government should take, is "carefully considering all elements of the case." Whether the administration takes action depends on her recommendation.

Biden could overturn the import ban, as Barack Obama did as president in 2013 when Apple faced a similar dispute with Samsung. However, this is becoming increasingly unlikely, as the ban went into effect on the 25th and no subsequent changes are possible until the dispute is resolved.

If you were hoping to give the Apple Watch 9 or Apple Watch Ultra 2 as a Christmas gift, I hope you are all set and have already purchased one. If not, then we hope you'll take a look at our guide to the best smartwatches.

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