The Biden administration declined to veto a ban on Apple importing and selling its Apple Watch Series 9 and Ultra 2 models in the United States, the office of U.S. Trade Representative Katherine Tai announced Tuesday.

The White House had until Dec. 25 to weigh in on an International Trade Commission ruling that found Apple had infringed on the patents for the pulse oximetry technology it uses in the two watch models.

What You Need To Know

  • Apple is banned from importing and selling its Apple Watch Series 9 and Ultra 2 models

  • On Tuesday, U.S. Trade Representative Katherine Tai upheld a decision by the International Trade Commission which found Apple had infringed on the patents of two companies

  • Maximo Corp. alleges Apple stole its pulse oximetry technology

  • Following the U.S. Trade Representative decision, Apple filed an emergency request with the U.S. Court of Appeals to pause the ban

“After careful consultations, Ambassador Tai decided not to reverse the ITC’s determination, and the ITC’s decision became final on December 26, 2023,” the the USTR's statement reads.

Apple preemptively stopped selling the Series 9 and Ultra 2 on its U.S. website on December 21 and pulled them from Apple retailers on Christmas Eve, following an October 26 ITC ruling that found Apple violated the patents of Cercacor Laboratories and Masimo Corporation. Masimo claimed the tech behemoth had stolen its pulse oximetry technology. Apple first began incorporating blood oxygen sensors with its Apple Watch Series 6 in 2020.

The ITC ruling triggered a 60-day Presidential Review Period during which President Biden was able to veto it. The presidential review expired December 25.

Following Tuesday's U.S. Trade Representative decision, Apple filed an emergency request with the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., to pause the ban. The company is asking U.S. Customs and Border Protection to determine if redesigned versions of the watch violate Masimo’s patents.

“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,” the company said in a statement Tuesday.

Under the ITC decision, the Series 9 and Ultra 2 are still available from non-Apple outlets, including Best Buy and Amazon. However, Apple is no longer able to import them to the United States, which could impact their availability through other retailers.

The ITC ban does not affect the entry-level Apple Watch SE, which does not include the blood oxygen sensor.