After the Biden administration refused to overturn an earlier finding by the International Trade Commission, a recent US ban on Apple Watch imports will stay in effect. The ITC decision takes effect today.
In anticipation of the restriction, Apple had paused sales of the Apple Watch Series 9 and Ultra 2, suspending online sales on December 21 and in-store sales three days later.
The Office of the United States Trade Representative said this morning, “After careful consultations, Ambassador [Katherine] Tai decided not to reverse the ITC’s determination, and the ITC’s decision became final on December 26, 2023.”
Apple has categorically denied the health tech startup Masimo’s patent infringement charges, which are at the heart of the ban. Apple promotes the device’s healthcare functions in a statement issued to Eltrys, while pledging to continue challenging the decision:
At Apple, we work relentlessly to develop products and services that have a positive effect on the lives of our customers. It’s what motivates our clinical, design, and engineering teams to spend years building scientifically verified health, fitness, and wellness features for the Apple Watch, and we’re driven by the fact that millions of people across the globe have greatly benefited from this product. We strongly disagree with the USITC ruling and the related exclusion order, and we are working hard to get Apple Watch Series 9 and Apple Watch Ultra 2 back to consumers in the United States as quickly as possible.
Apple has also filed an appeal with the Federal Circuit Court. The decision is based on a light-based pulse oximetry sensor that was launched in the Watch Series 6 in 2020. Apple has also been accused of poaching staff in order to bring the technology to its smartwatch line, according to Masimo.
Masimo founder and CEO Joe Kiani said in a statement issued immediately after the October ITC judgment, “Today’s ruling by the USITC sends a powerful message that even the world’s largest company is not above the law.” This significant decision validates our efforts to hold Apple responsible for illegally misappropriating our copyrighted technology.”
In a series of interviews over the last two weeks, Kiani has been on the attack against the corporation.
While the Watch Series 9 and Ultra 2 are presently prohibited in the United States, they are still available for purchase outside of the nation. Meanwhile, the Watch SE is still available in the United States, since the less expensive model does not use the same sensor technology.