Apple (NASDAQ:AAPL) has lost a bid to delay an impending Apple Watch import ban, according to an International Trade Commission filing, meaning only a last-minute White House intervention can prevent a pause in sales of some of the devices in the U.S.
Apple said earlier this week it will stop selling two Apple Watch models released this year, the Apple Watch Series 9 and Apple Watch Ultra 2, on its website starting Thursday, and in Apple stores starting after Sunday. The company will still sell older models.
The move is in response to orders issued by the ITC in October that found that the Apple Watch’s blood oxygen sensor had infringed on intellectual property from Masimo, a medical technology company that sells to hospitals.
On Wednesday, the ITC denied Apple’s motion to stay while the original decision was being appealed, which would have allowed Apple to continue selling the devices.
The decision means Apple is closer to being prevented from selling one of its most important products in its largest market during the busiest time of the year for Apple sales. Previously imported Apple Watches can still be sold if retailers have them in stock.
Apple shares are down less than 1% since the company announced its plans to pause sales on Monday. Shares sprang up $1.44 to $196.28 in early trading Thursday.
President Joe Biden can still veto the ban but has not given an indication that he will.
