
Apple is really jumping through hoops to sell the latest versions of its watch in the United States.
A federal appeals court on Wednesday revived an import ban on Series 9 and Ultra 2 Apple Watch models.
The decision comes from an ongoing dispute with medical technology company Masimo, which alleged that Apple infringed on its patent for a blood oxygen sensor that can read someone's pulse.
In October, the International Trade Commission found that Apple violated patent rules, and imposed an import ban and cease and desist order on Apple watches that were found to infringe Masimo's patented pulse oximetry technology.
Apple, which is appealing the ITC's ruling, briefly pulled the watches from store shelves in December before a temporary reprieve was granted. Wednesday's ruling means he import ban will remain in effect throughout the appeal process, which is expected to take months, CNN reported.
"The Federal Circuit's decision to lift the temporary stay is a victory for the integrity of the American patent system," Joe Kiani, Founder and CEO of Masimo, said in a statement. "It affirms that even the largest and most powerful companies must respect the intellectual rights of American inventors and must deal with the consequences when they are caught infringing others' patents."
In the meantime, Apple says it is going to sell the watches anyway -- albeit without the blood oxygen features, which have been included in Apple Watches since 2020.
The company developed a software workaround and received approval from US Customs and Border Protection earlier this month to continue importing a redesigned version of the watches, according to CNN.
Customers who purchase the new watches will still see the blood oxygen icon, but will receive a message that says the feature is no longer available if they try to use it.
"Apple's appeal is ongoing, and we believe the US Court of Appeals for the Federal Circuit should reverse the [International Trade Commission's] decision," spokesperson Nikki Rothberg said in a statement to multiple outlets. "Pending the appeal, Apple is taking steps to comply with the ruling while ensuring customers have access to Apple Watch with limited disruption. These steps include introducing a version of Apple Watch Series 9 and Apple Watch Ultra 2 in the United States without the Blood Oxygen feature."
Apple says there is "no impact" to watches previously purchased that include the blood oxygen feature.