The US International Trade Commission (ITC) has denied Apple’s bid to delay an import and sales ban on the Watch Series 9 and Watch Ultra 2 amid a patent dispute.
In a filing late on Wednesday, the US ITC said it has “determined to deny the respondent’s motion to stay remedial orders pending appeal and/or in light of potential government shutdown”.
The long-running patent dispute between Apple and medical technology company Masimo is around the Watch’s blood oxygen sensor (SpO2 sensor) technology.
An October ruling from the ITC said the tech giant’s SpO2 sensors infringed on patents from Masimo.
The last day to purchase the Watch Series 9 and Ultra 2 from Apple stores is December 24, while the import ban officially goes into effect on December 26.
Apple is reportedly working on software changes on how the Watch measures and reports oxygen saturation.
The ban also only impacts sales of the Series 9 and Ultra 2 within the US and the watches will still be available for sale abroad.
Masimo is known for its pulse oximeter. The company had filed two separate cases, claiming that Apple infringed on its pulse oximetry technology.
An Apple spokesperson said earlier that it “strongly disagrees” with the order and is “pursuing a range of legal and technical options to ensure that Apple Watch is available to customers.”
The ITC import ban ruling is currently undergoing a presidential review period, and US President Joe Biden will have the opportunity to veto the ban.
