A US import ban on certain Apple smartwatch models came into effect on Tuesday, after the Biden administration opted not to veto a ruling on patent infringements.

The United States International Trade Commission (ITC) decided in October to ban Apple Watch models over a patented technology for detecting blood-oxygen levels.

Apple contends that the ITC finding was in error and should be reversed, but last week paused its US sales of Apple Watch Series 9 and Apple Watch Ultra 2.

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The order stemmed from a complaint made to the commission in mid-2021 accusing Apple of infringing on medical device maker company Masimo Corp’s “light-based oximetry functionality.”

“After careful consultations, Ambassador [Katherine] Tai decided not to reverse the … determination and the ITC’s decision became final on December 26, 2023,” the president’s executive office said in a statement on Tuesday.

Apple has been steadily ramping up fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.

In September, Apple released its Apple Watch Series 9, touting increased performance along with features such as the ability to access and log health data.

“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 US as soon as possible,” Apple said in a statement on Tuesday.

Masimo has wrongly attempted to use the ITC to keep a potentially life-saving product from millions of US consumers while making way for their own watch that copies Apple

Apple statement

“Our teams work tirelessly to create products and services that empower users with industry-leading health, wellness and safety features,” Apple said when the ITC ban was issued.

“Masimo has wrongly attempted to use the ITC to keep a potentially life-saving product from millions of US consumers while making way for their own watch that copies Apple.”

In May, a trial of Masimo’s allegations ended in a mistrial after jurors failed to reach a unanimous verdict.

Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.

The US International Trade Commission ruled earlier this year that the Apple Watch violates two Masimo patents related to blood-oxygen sensing and imposed an import ban on the Ultra 2 and Series 9 models. Photo: Bloomberg

Apple filed an appeal on Tuesday, and an emergency request for the US Court of Appeals for the Federal Circuit to halt the ban.

It asked the Federal Circuit to pause the ban at least until US Customs and Border Protection decides whether redesigned versions of its watches infringe Masimo’s patents, and to put the ban on hold while the court considers Apple’s request.

The customs office is due to make its decision on January 12, 2024, Apple said.

Additional reporting by Reuters