Christmas came and past, and Joe Biden had no presents for Apple. The deadline to block the import ban on the Apple Watch was yesterday, and the Biden administration gave Apple no last minute pardon. The Biden administration has confirmed this was no oversight, but an intentional decision to let the ruling stand: Apple has been found to be in violation of patents and cannot import their product. The U.S. sales ban of the Apple Watch will continue.
The ban covers all Apple Watch models that feature blood oxygen monitoring. This includes the Apple Watch Series 9, Apple’s latest flagship, and the Apple Watch Ultra 2, it’s tough flagship. Older models going back to the Apple Watch Series 6 and the first Ultra are also banned.
This creates problems for Apple, who can no longer offer replacements and repairs for most Apple Watch owners over the past three years. Apple can continue selling the Apple Watch SE, as it lacks blood oxygen tracking, but no other Apple Watches.
More Dangerous than it Seems
The Apple Watch may only account for a small portion of Apple’s revenue, but it’s more than it appears. It’s part of Apple’s ecosystem. The lost sales of the Apple Watch represents a hole in the wall around Apple’s “Walled Garden.” The Apple Watch helps keep people trapped in Apple’s ecosystem, unwilling to give up the connectivity to other devices Apple makes. With it gone, potential customers may get a device that works on Android phones, or just an actual watch. A watch from Garmin or Swatch is equally dangerous to Apple, as it represents a piece of control they’ve lost.
Apple needs control. Their products all work together in unison to create a device ecosystem that is both attractive to potential buyers because everything, from AirDrop to iMessage, “just works,” and then traps users in that ecosystem because they have to give up functionality they’ve come to rely on and expect. This is a broken link in Apple’s chains. Apple doesn’t have a watch that can measure up to competition from Samsung or Garmin (some would argue they never did). With Apple’s ecosystem falling apart, more people may consider Apple’s competitors. The Apple Watch may have been the last thing that kept someone in Apple’s ecosystem. Apple’s “small” issue with the Apple Watch could become a much larger one that could hurt sales of iPhones, iPads, and even Macs.
Apple’s Options
Apple has a few options here. Currently, they’re appealing the ban, but that will take time and they likely won’t be able to delay the ban until the appeal is finished. They’re also reportedly working on a software fix. This could either completely disable the blood oxygen features in watchOS, or it could try to find a new way to detect blood oxygen. This may not be a real option, as Masimo claims “the hardware needs to change” if Apple wants to continue using blood oxygen monitoring on these devices.
Of course, Apple could just admit they infringed on a patent and pay Masimo to continue using the tech. A deal between the two companies could put Apple Watches back on the shelves instantly. Apple doesn’t want to acknowledge this option, at least not publicly.
“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.”
– Apple statement made to 9to5Mac
Apple’s running low on options. The longer they go without the Apple Watch on sale, the longer they erode faith in not only their watch, but their entire ecosystem. After the Biden administration decided not to veto the ban, Apple’s best option may be to move forward, whether that’s licensing the technology from Masimo or finding a new way to track blood oxygen without using the same process. Disabling the feature until they can release new hardware is a terrible option, which could lead to returns and refunds. Apple’s best move may be the one they often refuse: admit you’re wrong, and pay up.
Sources:
- Juli Clover, MacRumors
- Chance Miller, 9to5Mac
- David Snow, Cult of Mac