Apple appealed against the ban on Apple Watch imports based on a Masimo complaint. US President Joe Biden's administration did not intervene in the government tribunal's verdict, prompting the appeal.
Apple has asked the Federal Circuit Court of Appeals to lift the prohibition on the importation of its Apple Watches in an emergency request on Tuesday, according to Reuters.
The tech giant wants the Federal Circuit to halt the import ban while US Customs and Border Protection determines if redesigned watches infringe on Masimo's patents. It also requests a ban halt while the court considers its appeal. Apple anticipates a customs ruling on January 12, 2024.
Apple watches are seen on display at the Apple Store in Grand Central Station on December 18, 2023, in New York City. Apple announced that it will halt the sale of its Apple Watch Series 9 and Apple Watch Ultra 2 in the U.S. as early as this week. The decision comes from an ongoing dispute with medical technology company Masimo over its blood oxygen feature. The company has said that a review period is underway with the International Trade Commission related to Apple Watch devices containing a blood oxygen feature.
Masimo claims Apple stole their pulse oximetry technology and implemented it into the popular Apple Watch. The 2020 Series 6 Apple Watch with blood oxygen level measurements has been banned from import and sale by the US International Trade Commission (ITC).
US Trade Representative Katherine Tai upheld the restriction, confirming the ITC's ruling on December 26, 2023. Apple quickly appealed to the Washington Federal Circuit.
Apple's Response to the Decision
Apple strongly opposed the USITC's judgment in a statement.
"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 U.S. as soon as possible," Apple noted, as quoted by Reuters.
The ITC had previously denied Apple's request to pause the ban during the appeal process, opposing the company's plea for the Federal Circuit to halt the ban in a recent court filing.
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According to Politico, US President Joe Biden's decision not to reverse a parallel patent ruling involving Apple and medical device firm AliveCor earlier this year echoes his stance on the current import ban.
However, the AliveCor-related ban remains on hold due to ongoing legal battles between the two companies. A similar scenario unfolded in 2021 when Biden avoided making a decisive move in an ITC case on electric vehicle batteries, ultimately resolved by a settlement between the competing parties.
Apple v. Masimo
In September, Apple introduced the Apple Watch Series 9, highlighting enhanced performance and new features for accessing and logging health data.
Throughout the legal proceedings, Apple has strongly refuted Masimo's claims, accusing the company of attempting to hinder a potentially life-saving product from millions of US consumers while paving the way for their own imitative watch, per a report from Daily Tribune.
The May trial of Masimo's allegations concluded in a mistrial as jurors failed to reach a unanimous verdict. Apple subsequently filed patent infringement lawsuits against Masimo late last year, claiming the medical tech company copied Apple Watch technology. In November, Masimo gained regulatory clearance from US authorities for its wrist-worn product, both for prescription and over-the-counter use.
Apple contends that Masimo's legal actions are a strategic maneuver to make room for its own Apple Watch-inspired products on the market. The legal battle continues, with the tech giant committed to challenging the ban and defending its watch products.
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