Joe Biden failed to rescue Apple Watches

In August 2013, Barack Obama saved Apple. For the first time since 1987, an American president decided to use his power to veto a court decision issued by the ITC, the International Trade Commission. Its goal was to overturn a ruling in favor of Samsung, which banned the importation of old iPhones and iPads into the United States. A patriotic gesture, which saved an American company from its South Korean competitor.

When Apple was condemned in October 2023 by the ITC, which accused it of having infringed a patent held by Masimo (a medical company), the Californian manufacturer undoubtedly said to itself that Joe Biden, the vice-president of Obama in 2013 would follow in the footsteps of his mentor. Three months after the conviction, the White House did not use its veto. The Apple Watch Series 9 and Apple Watch Ultra 2 are indeed banned in the United States.

Joe Biden is surely right not to intervene

Why has Joe Biden remained silent? Several reasons are given:

• In 2013, Barack Obama's decision was strongly criticized. Is it normal for an American president to be able to overturn a court decision issued by an American body? Some feared that the United States would use this power to protect its companies and amplify the patent war.
• There is a major difference between Masimo and Samsung: the one who banned the Apple Watch is American. Can the White House really decide for an American company to the detriment of another American? Helping Apple would have set a delicate precedent.
• Finally, there is a question of timing. In 2013, Barack Obama was a newly re-elected president. In 2023, Joe Biden is a president preparing to enter the campaign, facing a Republican clan ready to do anything to discredit him. Interventionism on the issue of Apple Watch would have been unwelcome, given that the image of Silicon Valley has taken a hit in ten years.

What future for the Apple Watch?

In France, the sale of Apple Watches is not affected. In the United States, it is impossible to find one in the Apple Store, while third-party resellers can no longer stock it. Logic would dictate that the Watch Series 9 and Watch Ultra 2 disappear in the coming weeks. For what ? Because the sensor that measures blood oxygen levels infringes a Masimo patent.

What are the legal alternatives for Apple? The brand would like to be able to evolve its measurement algorithm with a software update, which might not suit justice and Masimo. The most likely option is a hardware overhaul, with a change in the sensors inside the Watch. All this could affect the brand's production chain… and therefore take several months. As it stands, the Watch division seems doomed to collapse. All this could also have a global impact, even affecting the launch of future watches in October.