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New Apple Watch Ultra 2 models are displayed during the launch day at Apple Omotesando store in Tokyo on Sept. 22, 2023. The Ultra 2 and Series 9 smartwatches are banned from importation and sales in the United States if they include pulse oximetry technology as of Thursday afternoon. File Photo by Keizo Mori/UPI
New Apple Watch Ultra 2 models are displayed during the launch day at Apple Omotesando store in Tokyo on Sept. 22, 2023. The Ultra 2 and Series 9 smartwatches are banned from importation and sales in the United States if they include pulse oximetry technology as of Thursday afternoon. File Photo by Keizo Mori/UPI | License Photo

Jan. 17 (UPI) — The Apple Watch Series 9 and Ultra 2 once again will be banned from sales in the United States as of 5 p.m. Thursday.

The U.S. Court of Appeals for the Federal District on Wednesday denied Apple’s request to continue halting an importation ban and sales of smartwatches that use pulse oximetry technology to measure the wearer’s blood-oxygen level.

The International Trade Commission in October ruled in favor of a request to halt sales of the Apple smartwatches by medical technology firm Masimo Corp. Masimo officials say Apple co-opted its patented technology and poached several workers who helped to develop it.

The ITC banned the importation of the watches into the United States if they use the pulse oximetry technology on the Apple Watch Series 9 and Ultra 2 smartwatches.

Apple officials within days of the ITC ruling obtained a temporary stay on the U.S. importation and sales ban pending an appeal and sought a longer duration for the halt on the sales ban from the U.S. Court of Appeals for the Federal District.

The federal appellate court today denied Apple’s request for an extended stay on the sales ban, so the ban resumes at 5 p.m. EST on Thursday.

Apple can sell Watch Series 9 and Ultra 2 models in the United States that don’t include the pulse oximetry technology to read wearers’ blood oxygen levels.

While the stay was in effect, Apple continued selling the smartwatches in the United States that contained the pulse oximetry technology. Apple officials initially removed all offending watches after the ITC ruling in October banned their sales but resumed their sales when the appellate court placed a stay on the sales ban order.

Apple will continue its appeal seeking to overturn the importation and sales ban.

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