Apple has filed an appeal after an import ban on certain smartwatch models that came into effect in the US on Tuesday.
The ban came after the Biden administration opted not to veto a ruling on patent infringement.
The federal International Trade Commission decided in October to ban Apple Watch models because of a patented technology for detecting blood oxygen levels.
On Tuesday, Apple filed an emergency motion with the U.S. Court of Appeals in an attempt to pause the ban. The company has asked the court to halt the ban until U.S. Customs makes a decision on Jan. 12 on whether Apple's redesigned watches avoid Masimo patents.
Apple has included the pulse oximeter feature in its smartwatches, starting with the Series 6 model in 2020.
Claiming the ITC finding was incorrect and should be reversed, the company last week halted U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2, though the watches remained available as of today from other retailers including Amazon, Best Buy and Walmart. Tuesday.
Apple has filed an appeal after an import ban on certain smartwatch models that came into effect in the US on Tuesday
The ban came after the Biden administration opted not to veto a ruling on patent infringement. Biden is pictured leaving the White House on Saturday
The ban will not affect the Apple Watch SE, a cheaper model, which will continue to be sold. Previously sold watches are not subject to the ban.
The move follows a legal dispute over the technology Apple's smartwatches use to utilize their blood oxygen function. Medical technology company Masimo is suing Apple, claiming it stole hardware from two of its patents
The order stemmed from a complaint filed with the commission in mid-2021 accusing Apple of infringing on medical device maker Masimo Corp's “light-based oximetry functionality.”
Masimo has accused Apple of hiring workers, stealing pulse oximetry technology and integrating it into the popular Apple Watch.
“After careful consideration, Ambassador Katherine Tai decided not to reverse the determination and the ITC's decision became final on December 26, 2023,” the executive office of the president said in a statement on Tuesday.
Apple says they will immediately appeal the ban.
“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all steps to return Apple Watch Series 9 and Apple Watch Ultra 2 to U.S. customers as quickly as possible,” Apple said in a statement on Tuesday declaration.
An Apple spokesperson confirmed that the company has appealed the ban to the U.S. Court of Appeals for the Federal Circuit in Washington.
The only Apple Watch available in the US will be the company's budget SE model
Last week, the ITC rejected Apple's request to pause the ban during the appeal process.
A jury trial on Masimo's allegations in California federal court ended with a mistrial in May.
Late last year, Apple filed two patent infringement lawsuits, accusing Masimo of copying Apple Watch technology.
The company calls Masimo's legal action a “maneuver to clear a path” for its own competing smartwatch.
Apple has steadily expanded fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.
Apple Watch Ultra 2 devices go on sale earlier this year
In September, Apple released its Apple Watch Series 9, touting improved performance along with features like the ability to access and log health data.
“Our teams work tirelessly to create products and services that provide users with industry-leading health, wellness and safety features,” Apple said when the ITC ban was issued.
“Masimo wrongly attempted to use the ITC to keep a potentially life-saving product away from millions of American consumers while making way for their own watch that Apple copies.”
A presidential administration has not vetoed an ITC ruling since 2013, when President Barack Obama's administration overturned an import ban on Apple's iPhones and iPads in the company's patent dispute with Samsung.
Apple's wearables, home and accessories businesses, including the Apple Watch, AirPods earbuds and other products, generated $8.28 billion in revenue in the third quarter of 2023, according to a company report.