Short answer: On December 20, 2023, the U.S. International Trade Commission (ITC) denied Apple’s request to pause exclusion and cease-and-desist orders while it appealed a patent ruling involving Masimo’s light-based blood-oxygen technology. The Biden administration had 60 days to disapprove the remedy but did not veto it; the order took effect on December 26, 2023.
This was an import and sales restriction on specified infringing devices—not a criminal ban on owning or using every Apple Watch. The Federal Circuit affirmed the original ITC determination on March 19, 2026. Separately, a later Apple redesign was found not to violate the exclusion order, according to Masimo’s April 2026 SEC filing.
What the ITC denied on December 20, 2023
The December action was not the original patent decision. Apple asked the ITC to stay—temporarily suspend—its remedial orders while the company appealed and while it raised concerns about a possible government shutdown. The Commission denied that motion.
The underlying ITC final determination, issued October 26, 2023, found a Section 337 violation involving specified claims in Masimo’s ’502 and ’648 patents. The remedies included a limited exclusion order covering infringing devices and components, plus a cease-and-desist order directed to Apple. The ITC did not find that every Masimo claim or every Apple Watch allegation was proved.
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The ITC notice describing the December 20 vote and remedies is available at the Commission’s notice.
Why Apple faced the restriction
Masimo’s patents concern wearable, light-based physiological measurement. LEDs send light into tissue and photodiodes measure returned light; algorithms can use those measurements to estimate blood oxygenation. The Federal Circuit describes Apple’s Blood Oxygen feature as using that type of LED-and-photodiode system.
Apple introduced the feature with Apple Watch Series 6 in 2020. The dispute therefore concerned a particular sensing technology, not the watch’s basic timekeeping, notifications, fitness tracking or ownership. The Federal Circuit’s March 19, 2026 opinion explains the technology and affirmed the ITC’s findings on domestic industry, patent validity and infringement: read the opinion.
Timeline: three government actions that headlines merged together
| Date | What happened |
|---|---|
| September 2020 | Apple launched the blood-oxygen-capable Apple Watch Series 6. |
| June 2021 | Masimo filed its ITC complaint. |
| January 10, 2023 | An ITC administrative law judge found a Section 337 violation. |
| October 26, 2023 | The ITC issued its final determination and remedies. |
| December 20, 2023 | The ITC denied Apple’s motion to stay the remedies. |
| December 21, 2023 | Apple paused online U.S. sales of affected models. |
| December 24, 2023 | Apple paused sales in its U.S. retail stores. |
| December 25, 2023 | The 60-day presidential-review period expired. |
| December 26, 2023 | The order became final after the Biden administration did not reverse it. |
| January 12, 2024 | U.S. Customs allowed certain redesigned watches with Blood Oxygen disabled to enter. |
| August 1, 2025 | Customs allowed entry of a second redesign. |
| March 19, 2026 | The Federal Circuit affirmed the original ITC determination. |
| April 17, 2026 | Masimo’s SEC filing says the ITC found Apple’s second redesign did not violate the exclusion order. |
Contemporary reporting on the sales pause and presidential review appears in TechCrunch and The Washington Post.
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- A FULL-FEATURED HEALTH TRACKER—Apple Watch Series 11 gives you invaluable insights about your body, right from your wrist. Take an ECG anytime* and get alerts for a high and low heart rate or an irregular rhythm*—so you can stay closer to your heart. You can also view your overnight health tracking metrics with the Vitals app* and be notified of possible sleep apnea.*
- KNOW YOUR SLEEP SCORE—With advanced sleep tracking, Series 11 gives you a daily sleep score. It’s an easy way to help measure and understand the quality of your sleep, so you can make it more restorative.
- GET HYPERTENSION NOTIFICATIONS—Did you know that Series 11 can spot signs of chronic high blood pressure? By analyzing how your blood vessels respond to beats of the heart, it can notify you of possible hypertension.*
- SAFETY FEATURES—A smartwatch that puts your safety first. Series 11 can detect a hard fall or severe car crash, automatically help connect you with emergency services, and notify your emergency contacts.* Check In can automatically notify a loved one when you’ve arrived at your destination.
- A POWERFUL FITNESS TRACKER—With advanced metrics and motivating features like Pacer, Heart Rate Zones, training load, and Workout Buddy powered by Apple Intelligence from your nearby iPhone*—Series 11 is made to help everyone stay active, from runners and hikers to strength-training enthusiasts.
Did President Biden personally ban the Apple Watch?
No. The ITC issued the exclusion and cease-and-desist orders. Section 337 then gave the president a 60-day review period in which the administration could disapprove the remedy for policy reasons.
On December 26, 2023, the U.S. Trade Representative said the determination would not be reversed. That announcement allowed the order to become final. The accurate description is: the ITC issued the remedy, and the Biden administration declined to veto it. Calling it a personal “Biden ban” wrongly suggests that the president decided the patent dispute or issued the ITC order.
Which Apple Watches were affected?
The immediate consumer impact centered on U.S. versions of the Apple Watch Series 9 and Apple Watch Ultra 2 that contained the disputed blood-oxygen functionality. The legal order was written in feature-and-infringement terms, not as a declaration that the Series 9 product name itself was unlawful.
- Apple stopped direct U.S. online sales on December 21, 2023 and retail-store sales on December 24.
- Retailers could sell some inventory already in the country during portions of the episode.
- The Apple Watch SE lacked the disputed sensor and was not subject to the same immediate restriction.
The remedy targeted importing new infringing units and specified commercial conduct. It did not order existing owners to surrender their watches or make possession a crime.
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- WHY APPLE WATCH SERIES 9 — Your essential companion for a healthy life is now even more powerful. The S9 chip enables a superbright display and a magical new way to quickly and easily interact with your Apple Watch without touching the screen. Advanced health, safety, and activity features provide powerful insights and help when you need it. And redesigned apps in watchOS give you more information at a glance.
- CARBON NEUTRAL — An aluminum Apple Watch Series 9 paired with the latest Sport Loop is carbon neutral. Learn more about Apple’s commitment to the environment at apple.com/2030.
- ADVANCED HEALTH FEATURES — Keep an eye on your blood oxygen. Take an ECG anytime. Get notifications if you have an irregular heart rhythm. See how much time you spent in REM, Core, or Deep sleep with sleep stages. Temperature sensing provides insights into overall wellbeing and cycle tracking. And take note of your state of mind to help build emotional awareness and resilience.
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What “ban” meant in practice
Existing owners
An owner could generally keep using a Series 9 or Ultra 2 already in the United States. Import restrictions are different from a recall or an ownership prohibition. Software support, warranty service, replacement eligibility and Blood Oxygen availability are separate questions that depend on the device, region and Apple’s policies; the ITC order itself does not answer them.
Used buyers
A used watch sold by a U.S. owner is not the same legal situation as importing a new unit. Before buying, verify:
- Exact model, cellular configuration and region.
- Activation Lock removal and a reasonable return period.
- Battery health, warranty status and service history.
- Whether Blood Oxygen is available on that particular device.
Do not rely on a seller’s claim that a watch is “ban-proof.” Importing a watch from abroad can raise different customs and feature questions.
Feature availability
Do not assume every Series 9 has identical Blood Oxygen functionality. Availability can vary by purchase date, hardware configuration, country and software state. A disabled sensor on a particular redesign is not a universal workaround for every existing watch.
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What happened after 2023?
Customs and Apple redesigns
Apple pursued changes intended to avoid the patent claims. Masimo’s corporate filing reports that Customs allowed certain watches with Blood Oxygen disabled on January 12, 2024; initially declined entry of a second redesign on January 7, 2025; and later allowed that second redesign on August 1, 2025.
Masimo’s filing also reports an ITC enforcement and modification proceeding: the Commission instituted it on November 14, 2025, an evidentiary hearing occurred January 28, 2026, an administrative law judge issued an initial determination March 18, and the ITC issued its final enforcement determination April 17, 2026, finding no violation by the second redesign. Those procedural details come from Masimo’s SEC filing.
Federal Circuit appeal
The March 19, 2026 Federal Circuit decision affirmed the original ITC determination. That ruling did not create the 2023 restriction; it upheld the earlier finding that Apple imported and sold watches incorporating the accused blood-oxygen functionality.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Is the Apple Watch ban permanent?
Not in the broad sense suggested by the headline. The original order remains legally significant, and the Federal Circuit affirmed it. But a later design can be evaluated separately. A Customs or ITC finding that a redesign does not violate the order does not erase the original infringement finding.
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- A FULL-FEATURED HEALTH TRACKER—Apple Watch Series 11 gives you invaluable insights about your body, right from your wrist. Take an ECG anytime* and get alerts for a high and low heart rate or an irregular rhythm*—so you can stay closer to your heart. You can also view your overnight health tracking metrics with the Vitals app* and be notified of possible sleep apnea.*
- KNOW YOUR SLEEP SCORE—With advanced sleep tracking, Series 11 gives you a daily sleep score. It’s an easy way to help measure and understand the quality of your sleep, so you can make it more restorative.
- GET HYPERTENSION NOTIFICATIONS—Did you know that Series 11 can spot signs of chronic high blood pressure? By analyzing how your blood vessels respond to beats of the heart, it can notify you of possible hypertension.*
- SAFETY FEATURES—A smartwatch that puts your safety first. Series 11 can detect a hard fall or severe car crash, automatically help connect you with emergency services, and notify your emergency contacts.* Check In can automatically notify a loved one when you’ve arrived at your destination.
- A POWERFUL FITNESS TRACKER—With advanced metrics and motivating features like Pacer, Heart Rate Zones, training load, and Workout Buddy powered by Apple Intelligence from your nearby iPhone*—Series 11 is made to help everyone stay active, from runners and hikers to strength-training enthusiasts.
Apple’s current U.S. Watch page lists Apple Watch Series 11, Apple Watch SE 3 and Apple Watch Ultra 3, rather than Series 9: see Apple’s current lineup. Availability can change by region and date.
Buying guidance in 2026
If you want a current Apple Watch
Apple’s official lineup is the clearest first-party route for a currently sold U.S. model. Trade-in information is at Apple Trade In. AppleCare details are at Apple’s Watch support page. Neither service changes the legal history of older models.
If you are considering another platform
- Garmin is worth considering for endurance training, GPS and running metrics; check phone compatibility by model.
- Samsung Galaxy Watch is aimed especially at Android and Galaxy-phone users; health features and compatibility vary.
- Fitbit may suit activity, sleep and wellness tracking, with model-specific features and possible subscription requirements.
Bottom line
The December 20, 2023 ITC decision denied Apple’s request to delay its remedies. The Biden administration then declined to veto the order, so the import and sales restrictions became final on December 26. The dispute was about patented blood-oxygen sensing in specified devices—not ownership of every Apple Watch. The Federal Circuit upheld the original determination in 2026, while a later Apple redesign was separately cleared under the exclusion order.
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