Apple Watch Series 9 & Watch Ultra 2 may soon be banned again

The US International Trade Commission has contested the pause on Apple Watch Series & Watch Ultra 2 ban, stating Apple’s case is not strong enough.

Last month, Apple was granted a temporary pause on the Watch Series 8 and Watch 2 Ultra ban by the US Court of Appeals. However, the US International Trade Commission (ITC), the body responsible for the ban, has written to the Court to argue that these two smartwatches shouldn’t remain on sale.

ITC doesn’t believe Apple’s case for continuing sales for the duration of the appeal is strong enough. The Cupertino company was restricted from selling and importing Watch Series 9 and Watch Ultra 2 due to a patent dispute with the medical device maker Masimo.

Future looks bleak for the new Apple watches

As highlighted by the document filed with the US Court of Appeals for the Federal Circuit (shared by MacRumors), ITC lawyers said “Apple presents a weak and unconvincing case to invoke the extraordinary remedy of a stay pending appeal.”

ITC further mentioned that Apple’s arguments “amount to little more than an indisputably adjudicated infringer requesting permission to continue infringing the asserted patents.”

The court is taking responses from other parties in favor of the ITC’s decision until January 15. So, it looks like the Apple Watch should stay on the market at least until early next week.

Apple removed the Apple Watch Series 9 and the Apple Watch Ultra 2 from its physical stores on December 24, and from its online store starting December 21. However, the watches were back on sale on December 28.

Apple has also sent in a software fix to address the ongoing patent dispute. The government is supposed to announce its decision on whether the update is good enough on January 12.