Apple loses the lawsuit! The new Apple Watch still cannot be sold in the United States.

Consumer electronics giant Apple suffered a major setback in its patent litigation battle and failed to overturn the US sales ban on its latest Apple Watch.

In October, the US International Trade Commission (ITC) ruled that the blood oxygen detection technology used in Apple's latest smartwatch infringed on the patents of health technology company Masimo.

After a 60-day presidential review period, the Office of the US Trade Representative announced on Tuesday that it has decided to uphold the ITC's ruling, banning Apple from selling the latest smartwatches S9 and Ultra 2 in the United States.

Masimo said in a statement that the ITC's decision "marks an important moment for the United States in defending innovation and protecting the rights of inventors."

In court documents filed on Tuesday, Apple argued that the implementation of the ban would cause "irreparable harm" to the company, as its two most popular smartwatches would be prohibited.

Ahead of the final decision by the Biden administration, Apple had already halted the sale of the latest smartwatches. However, the company stated in a statement on Tuesday that it disagrees with the ITC's ruling and sales ban and has filed an appeal regarding its patent dispute with Masimo:

"We strongly disagree with the decision of the US International Trade Commission and the resulting sales ban. The company is taking all necessary measures to bring back Apple Watch Series 9 and Apple Watch Ultra 2 to the United States as soon as possible."

The decision by the Office of the US Trade Representative to uphold the original ruling is not surprising, as the White House rarely intervenes in patent disputes between commercial companies.

The sales ban on the latest smart hardware is a significant blow to Apple, especially during the crucial holiday season.

However, the ITC's ban only affects the sales of Apple Watch Series 9 and Apple Watch Ultra 2, as these devices have blood oxygen monitoring capabilities. Older models of Apple Watch are not affected, and Apple also stated that the ban will not impact customers who have already purchased the S9 and Ultra 2.

The patent dispute between Apple and Masimo has been ongoing for some time. The patent in question involves a technology that measures the oxygen content in the blood by shining light onto the wrist. Apple introduced this technology for the first time in 2020 to attract more consumers to upgrade their devices.

However, Masimo claimed that Apple copied its patented technology. The ITC ultimately ruled in favor of Masimo in October this year, prohibiting the sale of the affected models in the United States and the import of all Apple Watch Series 9 and Ultra 2 into the country.