Apple on Tuesday filed an appeal to the International Trade Commission’s (ITC) decision to ban sales of Watch Series 9 and Watch Ultra 2 models in the US.
In a court filing, Apple said that the company “will suffer irreparable harm” if the latest Watches remain off the shelves during legal proceedings.
It has also requested an emergency stay on the ban for at least two weeks until a decision is made on redesigned versions of the banned models.
Earlier, the Office of the United States Trade Representative said: “After careful consultations, Ambassador (Katherine) Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023.”
Apple, in a statement, said: “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.”
While banned in the US, the Watch Series 9 and Ultra 2 are still available for purchase outside the country.
Apple pulled its latest flagship smartwatches due to an import ban imposed by the US ITC over a patent dispute with medical device maker Masimo.
According to reports, Apple Stores is promoting Watch SE, which remains available because it lacks a blood oxygen sensor.
The ITC ruled in October that the blood oxygen sensor in the Apple Watch Series 9 and Apple Watch Ultra 2 infringes on two Masimo patents. Following the ITC decision, the case was sent to the Joe Biden administration for a 60-day Presidential Review Period but he has so far chosen not to act.
The long-running patent dispute between Apple and medical technology company Masimo is around the Watch’s blood oxygen sensor (SpO2 sensor) technology.
