Apple is challenging a US ban on its newest smartwatch models that took effect on Tuesday, after the Biden administration decided not to overturn a ruling on patent violations.
The Apple Watch Series 9 and Apple Watch Ultra 2 are no longer sold in stores or online, as a result of the ban.
The ban is part of an ongoing legal dispute between Big Tech companies over valuable patents that also involves Google and Sonos in a court case over speaker technology.
The US International Trade Commission (ITC) ruled in October to ban the Apple Watch models for using a patented technology that measures blood-oxygen levels.
The ruling was based on a complaint filed by medical device maker Masimo Corp in mid-2021, which claimed that Apple violated its “light-based oximetry functionality” patent.
“The … determination and the ITC’s decision became final on December 26, 2023, after careful consultations by Ambassador (Katherine) Tai,” the office of the US Trade Representative said in a statement on Tuesday.
US President Joe Biden’s office has the power to reverse import bans, but it rarely does so.
Masimo said the confirmed ban “is a victory for the US patent system’s integrity, and for American consumers who will benefit from an ecosystem that rewards genuine innovation”.
Apple argues that the ITC’s decision was wrong and should be reversed, and has filed an appeal in a US federal court.
However, the company removed the products from the online Apple Store on December 21, and stopped selling them in retail locations on December 24 – just before the holiday.
Apple makes most of its products overseas, mainly in China, which gives the ITC authority over the issue.
Masimo says it created the technology – and that Apple hired its workers to gain access to that knowledge.
Apple has been adding more fitness and health features to its Apple Watch, which leads the smartwatch market.
In September, Apple launched the Apple Watch Series 9, boasting improved performance and features such as the ability to access and record health data.
“We strongly disagree with the USITC’s decision and resulting exclusion order, and are doing everything we can to bring back Apple Watch Series 9 and Apple Watch Ultra 2 to US customers as soon as possible,” Apple said in a statement on Tuesday.
When the original decision was made, Apple said Masimo had “wrongly tried to use the ITC to prevent millions of US consumers from getting a potentially lifesaving product while paving the way for their own watch that imitates Apple”.
In May, a trial of Masimo’s claims ended in a mistrial after the jury could not reach a unanimous verdict.
Apple has claimed that Masimo is using litigation to clear the way for its own Apple Watch-like products.
In November, US regulators approved Masimo’s own wrist-worn product for prescription and over-the-counter use.
Last year, Apple sued Masimo twice for copying Apple Watch technology.