Apple has filed an emergency appeal with US authorities, leading to the resumption of sales for its latest smartwatch models in the United States. The Series 9 and Ultra 2 models had previously faced a sales halt due to a patent dispute. The US trade body had initially banned imports and sales of Apple Watches equipped with blood-oxygen level reading technology following accusations from device maker Masimo of staff poaching and technology theft. This development follows the White House’s decision to uphold a ban on the sales and imports of these models, a ruling with which Apple expressed strong disagreement.
However, the iPhone maker’s emergency request to the US Court of Appeals resulted in lifting the ban. Apple had preemptively removed the affected devices from its US website and stores earlier in the month. However, sales in other countries remained unaffected.
The US International Trade Commission’s (USITC) initial order in October, subject to a 60-day presidential review, was left unchanged after the review period ended on Christmas Day. On Tuesday, Katherine Tai, the United States Trade Representative Ambassador, stated that the decision to uphold the USITC’s ruling came after “careful consultations.”
Apple’s strategy included requesting a delay in the ban until Customs and Border Protection (CBP) could assess whether the redesigned versions of its watches, excluding the disputed technology, infringed on Masimo’s patents. According to an Apple spokesperson, CBP was expected to make its decision by 12 January. The dispute centres on Masimo Corporation’s allegations that Apple violated two patents and used unethical recruitment practices to acquire technology for measuring blood oxygen levels.
Apple’s smartwatches have included the contentious blood oxygen feature since 2020, except for its lower-cost SE models. In response to the recent turn of events, Apple stated on Tuesday, reaffirming its disagreement with the USITC’s decision and emphasizing its commitment to making the Series 9 and Apple Watch Ultra 2 available to US customers as soon as possible.
