To keep Apple Watch Series 9, Ultra 2 in stores, Apple has several options،
President Biden has until December 25 to veto the import ban.
Apple has already made changes to marketing materials in US Apple Stores. Signage promoting the Apple Watch no longer shows the Series 9 and Ultra 2 models
Apple Stores will no longer be able to sell Apple Watch Series 9 and Ultra 2 starting the afternoon of December 21
While President Joe Biden doesn't have to officially rule on the ITC import ban until December 25, Apple has decided to take preemptive action now. If the president decides not to issue a veto, Apple will appeal the decision to the United States Court of Appeals for the Federal Circuit. The appeal process could take a long time to absolve Apple, if that is the case.
The problem with this solution is that the patents behind the import ban mainly concern hardware, including one related to technology that emits light onto an Apple Watch wearer's skin to help measure your blood oxygen level. Apple could disable this feature, although it's not something the company would likely want to do.
Apple could license Massimo's technology to remove import ban
A normal person at sea level should have a blood oxygen level between 95% and 100%. Medical conditions causing low values include COPD, asthma, acute respiratory distress syndrome (ARDS), anemia, pneumonia, lung cancer, cardiac arrest and heart failure .
Another tactic Apple could try to make this all go away would be to settle with Massimo and obtain a license for the offending technology. However, not only is this a path that Apple doesn't like to take, Bloomberg claims that the two companies have not met to discuss a settlement or to reach a licensing agreement. Apple said Monday: “If the order is upheld, Apple will continue to take all steps to return Apple Watch Series 9 And Apple Watch Ultra2 to customers in the United States as soon as possible”, so we should not rule out a licensing deal too quickly.