- The Biden administration won't veto a ruling that bans sales of new Apple Watch models.
- The Apple Watch Ultra 2 and Series 9 will no longer be available in Apple stores or on its website.
Apple won't be getting a reprise from President Joe Biden this holiday season when it comes to a ban on its newest Apple Watch models.
On Tuesday, the Biden administration said it won't veto an International Trade Commission ruling against Apple in a patent dispute over blood oxygen monitoring technology. This means US customers definitely won't be able to buy the new Apple Watch Ultra 2 or the Apple Watch Series 9.
Apple had already said it would begin pulling the watches from shelves on December 24, and had marked both models as "currently unavailable" on its website days before that. They are still available to purchase in the US from third-party vendors — like Best Buy, Amazon and Walmart — who have them in stock, but the ITC ruling bans imports of further inventory.
US Trade Representative Katherine Tai decided to uphold the ITC ruling after "careful consultations," according to a statement.
"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 US as soon as possible," Apple said in a statement.
It is challenging the ITC ruling at the US Court of Appeals for the Federal Circuit, and also filed an emergency motion seeking to lift the ban while the appeal is considered, Bloomberg reported.
"This is a win for the integrity of the US patent system, and ultimately American consumers," health-tech company Masimo said.
The Apple Watch models use blood-oxygen sensing technology that the ITC ruled infringed on patents owned by Masimo.
"This is not an accidental infringement — this is a deliberate taking of our intellectual property," Masimo CEO Joe Kiani told Bloomberg last week. Apple denies using Masimo's tech for its blood oxygen feature.
The smart watches will still be available for sale outside the US, and Americans who have already purchased the banned models should still be able to use them, according to Apple.