Apple has filed an appeal after an import ban on certain smartwatch models came into force in the US on Tuesday.
The ban came after the Biden administration decided not to veto a decision on patent infringement.
The federal Commission on International Trade decided in October to ban Apple Watch models because of a patented technology that measures blood oxygen levels.
On Tuesday, Apple filed an emergency motion with the US Court of Appeals to overturn the ban. The company has asked the court to suspend the ban pending a Jan. 12 decision from U.S. Customs on whether Apple's redesigned watches avoid Masimo patents.
Apple has integrated the pulse oximeter feature into its smartwatches, starting with the Series 6 model in 2020.
The company maintains that the ITC's determination was erroneous and should be reversed, but last week it suspended U.S. sales of the Apple Watch Series 9 and Apple Watch Ultra 2, although the watches continue to be available at other retailers including Amazon, Best Buy and Walmart are available Tuesday.
Apple has filed an appeal after an import ban on certain smartwatch models came into force in the US on Tuesday
The ban came after the Biden administration decided not to veto a decision on patent infringement. Biden can be seen leaving the White House on Saturday
The ban does not affect the Apple Watch SE, a cheaper model that continues to be sold. Previously sold watches are not affected by the ban.
The move follows a legal dispute over the technology Apple's smartwatches use to power the blood oxygen feature. 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 using medical device maker Masimo Corp.'s “light-based oximetry functionality.” to have injured.
Masimo has accused Apple of poaching its employees, stealing its pulse oximetry technology and integrating it into the popular Apple Watch.
“After careful deliberations, Ambassador Katherine Tai has decided not to reverse the … decision, 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 appeal the ban immediately.
“We strongly disagree with the USITC's decision and the resulting exclusion order and are taking every action to return the Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the United States as quickly as possible,” Apple said in a statement on Tuesday Explanation.
An Apple spokesperson confirmed that the company has appealed the ban to the US 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 stay the ban pending appeal.
A jury trial on Masimo's allegations in California federal court ended in a mistrial in May.
Late last year, Apple filed two patent infringement lawsuits accusing Masimo of copying Apple Watch technology.
The company described Masimo's legal action as a “maneuver to clear the way for its own competing smartwatch.”
Apple has continued to expand fitness and health features with each generation of its Apple Watch, which dominates the smartwatch category.
Apple Watch Ultra 2 devices will go on sale early this year
In September, Apple launched its Apple Watch Series 9, touting higher performance and features like the ability to access and log health data.
“Our teams work tirelessly to develop 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 deprive millions of U.S. consumers of a potentially life-saving product while making way for their own watch, which Apple copies.”
No presidential administration has vetoed an ITC ruling since 2013, when President Barack Obama's administration lifted an import ban on Apple's iPhones and iPads in the company's patent dispute with Samsung.
Apple's wearables, home and accessories business, which includes the Apple Watch, AirPods earbuds and other products, had revenue of $8.28 billion in the third quarter of 2023, according to a company report.