Apple Inc. was today banned from selling its Watch Series 9 and Watch Ultra 2 smartwatches in the U.S.

The iPhone maker told Reuters it’s appealing the decision. Additionally, Apple has asked a federal court to pause the ban while the appeal process is ongoing. Analysts at investment bank Stifel Institutional reportedly estimate the litigation could take a year. 

The Watch Series 9 and Watch Ultra 2 made their debut in September. They both include a new chip, the S9, that can run Siri without the need for an internet connection like earlier Apple wearables. The Watch Series 9 is the more affordable of the two devices, while the Watch Ultra 2 features a significantly longer battery life and a ruggedized design.

The sales ban on the two wearables relates to a lawsuit that was brought against the iPhone maker in 2020 by Masimo Corp., a Nasdaq-traded medical device maker, and its spinoff company Cercacor Laboratories Inc. The plaintiffs allege that Apple’s latest smartwatch models breach two patents they’ve secured in the field of blood oxygen level monitoring. Earlier this year, the U.S. International Trade Commission ruled in favor of the two companies and banned the smartwatches that breach their patents, namely the Watch Series 9 and Watch Ultra 2.

ITC product bans can be reversed by the Office of the U.S. Trade Representative. Today, the agency decided not to reverse the ITC’s decision concerning Apple’s latest smartwatches, which means the company is now prohibited from selling them in the U.S. The iPhone maker stopped selling the Watch Series 9 and Watch Ultra 2 on Dec. 18, but the devices were reportedly still available from retailers such as Best Buy Co. Inc as of earlier today.

Apple said in statement that “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 U.S. as soon as possible.”

The patents Apple was found to have breached relate to a sensor technology called pulse oximetry. According to the iPhone maker, the technology is used by the Watch Series 9 and Watch Ultra 2 to measure the wearer’s blood oxygen levels. Pulse oximetry sensors work by shining a light on the wearer’s wrist and analyzing the light beams that bounce back for insights into oxygen saturation.

Masimo originally sought $3.1 billion in damages from Apple. That sum was later reduced to about $1.8 billion and, in May, the case ended with a mistrial. Masimo indicated at the time that it would seek to retry the case.

Last year, Apple filed its own patent infringement lawsuit against Masimo. The suit claims the medical device maker’s litigation is part of an effort to “maneuver to clear a path” for its W1 smartwatch, which launched in 2020. Like Apple’s latest smartwatches, the W1 features a pulse oximetry sensor for measuring the wearer’s blood oxygen levels.

The iPhone maker said today that it’s appealing the sales ban on the Watch Series 9 and Watch Ultra 2. Additionally, Apple has asked the U.S. Court of Appeals for the Federal Circuit to pause the ban while the appeal is being processed.

Image: Apple