The recent decision by the International Trade Commission (ITC) to ban the import of Apple Watch Series 9 and Ultra 2 into the United States will stand, as the Biden administration has chosen not to override the ruling.
The ITC’s decision, effective as of today, has prompted Apple to cease both online and in-store sales of the affected products, with the company suspending online sales on December 21 and in-store sales three days later.
In an official statement released by the Office of the United States Trade Representative, it was said that Ambassador Katherine Tai, after careful consideration, opted not to reverse the ITC’s determination. The ITC’s decision was officially finalized on December 26, 2023.
The ban results from patent infringement claims brought forth by health tech company Masimo, which Apple vehemently denies. In response, Apple has emphasized the health-related features of its devices and expressed its commitment to contesting the ruling.
Masimo’s founder and CEO, Joe Kiani, welcomed the ITC ruling, stating, “Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law. This important determination strongly validates our efforts to hold Apple accountable for unlawfully misappropriating our patented technology.”
According to a statement from Apple that was provided to TechCrunch,
“At Apple, we work tirelessly to create products and services that meaningfully impact users’ lives. It’s what drives our teams — Clinical, Design, and Engineering — to dedicate years to developing scientifically validated health, fitness, and wellness features for Apple Watch, and we are inspired that millions of people around the world have benefited greatly from this product. 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 U.S. as soon as possible.”
In addition, Apple has filed an appeal with the Federal Circuit Court to challenge the ITC decision. The dispute revolves around the introduction of a light-based pulse oximetry sensor in the Watch Series 6 in 2020, and Masimo has also accused Apple of employee poaching in its efforts to incorporate the technology into its smartwatch lineup.
While the Watch Series 9 and Ultra 2 are currently prohibited in the U.S., they remain available for purchase in other countries. The Watch SE, a more budget-friendly option without the contested sensor technology, continues to be sold in the United States.