The recent ban on Apple Watch imports from the US will remain in place after the Biden administration refused to veto previous decision of the International Trade Commission. The ITC ruling takes effect today.
The company previously halted sales of the Apple Watch Series 9 and Ultra 2 in anticipation of the ban, ceasing online sales on December 21 and in-store sales three days later.
A statement issued this morning by the Office of the United States Trade Representative notes: “After careful consultation, the Ambassador [Katherine] Tai decided not to overturn the ITC’s decision and the ITC’s decision became final on December 26, 2023.
Apple has vehemently denied the two patent infringement claims behind the ban, made by health tech company Masimo. In a statement provided to TechCrunch, Apple touts the device’s healthcare features while promising to continue to fight the decision:
At Apple, we work tirelessly to create products and services that make a real difference to users’ lives. It’s what drives our teams — Clinical, Design and Engineering — to spend years developing scientifically validated health, fitness and wellness features for Apple Watch, and we’re inspired that millions of people around the world have benefited greatly from this product. We strongly disagree with the USITC ruling and the resulting blocking order, and are taking every step to return Apple Watch Series 9 and Apple Watch Ultra 2 to US customers as soon as possible.
Apple also appealed the decision in federal court. The decision stems from a light-based pulse oximetry sensor introduced in the Watch Series 6 in 2020. Masimo has also accused Apple of poaching employees in an effort to bring the technology to its smartwatch line.
In a statement released shortly after the October ITC decision, Masimo founder/CEO Joe Kiani noted, “Today’s USITC decision sends a strong message that even the world’s largest company is not above the law. This important determination is a strong validation of our efforts to hold Apple accountable for the illegal misuse of our patented technology.”
Kiani continued to attack the company in a series of interviews in recent weeks.
While currently banned in the US, the Watch Series 9 and Ultra 2 are still available for purchase outside the country. The Watch SE, meanwhile, is still sold in the United States, as the more affordable option doesn’t use the same sensor technology.
