The U.S. prohibition on importing Apple Watches will persist, as the Biden administration chose not to overrule the International Trade Commission’s (ITC) prior decision. Effective immediately, the ITC’s verdict is now operational.
In anticipation of this ban, Apple had already ceased sales of both the Apple Watch Series 9 and Ultra 2. Online sales were halted on December 21, followed by in-store sales three days thereafter.
The Office of the United States Trade Representative released a statement today indicating, “Following thorough deliberations, Ambassador [Katherine] Tai opted not to overturn the ITC’s verdict, solidifying the ITC’s conclusion on December 26, 2023.”
Apple vehemently denies the patent infringement allegations, which were lodged by health tech firm Masimo. In a communication to TechCrunch, Apple highlighted the health-centric attributes of its device and asserted its commitment to contesting the ruling: “At Apple, our mission is to craft products that deeply resonate with users. This dedication propels our Clinical, Design, and Engineering teams to invest years in devising validated health, fitness, and wellness functionalities for Apple Watch. We remain steadfast in our disagreement with the USITC’s ruling and are actively working to reintroduce Apple Watch Series 9 and Apple Watch Ultra 2 to our U.S. clientele.”
Furthermore, Apple has initiated an appeal with the Federal Circuit court. The contentious issue revolves around a pulse oximetry sensor launched with the Watch Series 6 in 2020. Beyond the patent dispute, Masimo has accused Apple of recruiting its staff to incorporate this technology into its smartwatch lineup.
Following the ITC’s October pronouncement, Masimo’s CEO, Joe Kiani, remarked, “The USITC’s decision underscores that even industry giants must adhere to legal norms. This ruling underscores our commitment to ensure Apple respects our patented innovations.”
In subsequent interviews, Kiani has continued to critique Apple’s actions.
Despite being inaccessible in the U.S., global consumers can still acquire the Watch Series 9 and Ultra 2. However, the Watch SE, priced more affordably and devoid of the contentious sensor technology, remains available for purchase within the country.
