Apple on Wednesday failed to convince a federal appeals court to allow U.S. imports of Apple Watches with technology for reading blood-oxygen levels while it challenges a government tribunal's decision that the devices infringe patents belonging to medical technology company Masimo.
The ruling by the U.S. Court of Appeals for the Federal Circuit means the affected watches cannot be imported while Apple appeals the underlying ban issued by the U.S. International Trade Commission.
The ITC's import ban on Series 9 and Ultra 2 Apple Watches briefly went into effect on Dec. 26. The Federal Circuit lifted the ban on Dec. 27 while it considered Apple's request for a long-term pause, and Apple resumed sales of the smartwatches later that day.
Separately, U.S. Customs and Border Protection on Jan. 12 determined that a proposed redesign from Apple would allow it to import reconfigured Apple Watches without violating the ITC's restrictions, court filings show.
Masimo has accused Apple of hiring away its employees and stealing its pulse oximetry technology to use in Apple Watches. The ITC barred imports and direct Apple sales of Apple Watches that read blood-oxygen levels following a Masimo complaint.
Apple stopped selling its latest Series 9 and Ultra 2 watches in the United States before Christmas until the appeals court's temporary pause. The devices remained available from other U.S. retailers including Amazon.com, Best Buy, Costco and Walmart.
Apple asked the