Apple files appeal after Biden administration allows smartwatch ban
Apple on Tuesday filed an appeal to overturn a ruling banning Apple Watch imports due to patent infringement by Masimo, requesting the ban be put on hold until the United States Customs and Border Protection decides if the redesigned watches violate Masimo’s patent.
The United States International Trade Commission (USITC) issued an order on Tuesday that prohibits the importation and sale of Apple Watches that contain blood oxygen-sensing technology that is protected by Masimo patents, Fox Business reported.
The tech giant has been employing the technology in smartwatches since its Series 6 model in 2020, despite Masimo’s accusations that the company is hiring away its staff.
The court also prevented the import and sale of the Apple Watch Series 9 and Ultra 2.
The Biden administration opted against vetoing the ruling, effectively allowing the restrictions to remain in place.
The customs office is expected to make its decision on January 12, Apple said.
A spokesperson for Masimo told Fox Business, “The ITC’s decision marks a significant moment for the US as a defender of innovation and a protector of inventors’ rights.”
“We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the US as soon as possible,” Apple said in a statement.
While the US Trade Representative (USTR) was still reviewing the ITC decision, Apple preemptively took steps toward compliance and paused sales of the Series 9 and Ultra 2 smartwatches on its website and the company’s retail locations, last week.
As of Tuesday, Reuters reported that even though Apple had stopped selling the watches, some other stores were still selling them.
The patent issue has no bearing on Apple Watch models without the blood oxygen sensor continue to be sold, such as the less expensive Apple Watch SE.
The restriction will not apply to watches that have already been sold.
Previously, the former US president Barack Obama’s administration reversed an import ban on Apple’s iPhones and iPads in 2013 as a result of a patent battle with Samsung, marking the last instance of a presidential veto of an ITC verdict.