WASHINGTON — Apple said Tuesday it will appeal a U.S. ban on its latest smartwatch models after the Biden administration decided not to veto a decision on patent infringement.

The ban on Apple’s latest smartwatch models came into effect on Tuesday, with the Apple Watch Series 9 and Apple Watch Ultra 2 no longer available in stores or online.

The ban is the latest legal battle between major technology companies over valuable patents, which also saw Google take on Sonos in court over speaker technology.

The United States International Trade Commission (ITC) decided in October to ban the Apple Watch models because of a patented technology for measuring blood oxygen levels.

The order followed a complaint from medical device maker Masimo Corp. to the Commission in mid-2021, accusing Apple of violating “light-based oximetry functionality.”

“After careful deliberations, Ambassador (Katherine) Tai decided not to reverse the … determination, and the ITC’s decision became final on December 26, 2023,” the Office of the U.S. Trade Representative said in a statement on Tuesday.

Although US President Joe Biden’s office has the authority to lift import bans, such measures are rarely taken.

In a statement, Masimo said the confirmed ban was “a victory for the integrity of the U.S. patent system and ultimately for American consumers, who will benefit from an ecosystem that rewards true innovation.”

Apple argues that the ITC’s determination was erroneous and should be overturned, and is appealing to a U.S. federal court.

But on Dec. 21, the company pulled the products from the online Apple Store, and retail locations stopped selling them on Dec. 24 — just before the holidays.

Apple makes the vast majority of its products overseas, predominantly in China, giving the International Trade Commission jurisdiction over the matter.

Masimo claims to have invented the technology – and Apple poached his employees to gain access to the knowledge.

‘DEFINITELY OBJECT’

Apple has continued to expand fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.

In September, Apple launched the Apple Watch Series 9, touting higher performance and features like the ability to access and log health data.

“We strongly disagree with the USITC’s decision and the resulting exclusion order and are taking every action to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as quickly as possible,” Apple said in a statement on Tuesday Explanation.

At the time of the original decision, Apple said Masimo had “mistakenly sought to use the ITC to keep a potentially life-saving product away from millions of U.S. consumers while making way for their own watch, which Apple is copying.”

In May, a trial on Masimo’s allegations ended in a mistrial after jurors failed to reach a unanimous verdict.

Apple has argued that Masimo is using litigation to make room for its own Apple Watch-inspired products.

In November, Masimo received approval from U.S. regulators to use its own wrist-worn product for prescription and over-the-counter purposes.

Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.