Apple has announced its intention to appeal the US ban on imports and sales of its Series 9 and Ultra 2 smartwatches, following the Biden Administration’s decision not to intervene in a patent dispute with medical device maker Masimo.
Masimo had accused Apple of employee poaching and misappropriation of technology, resulting in a ban imposed by the US International Trade Commission (USITC). Despite Apple’s pre-emptive removal of the devices from its US site and stores earlier this month, the ban persisted.
The USITC order, issued in October, underwent a 60-day review by the president, concluding on Christmas Day. The United States Trade Representative, Ambassador Katherine Tai, announced on Tuesday that the decision would not be overturned after “careful consultations.”
Apple had sought a stay on the ban until Customs and Border Protection (CBP) could assess redesigned versions of its watches without the disputed technology. A decision from CBP is expected on January 12, according to an Apple spokesperson.
The USITC had found Apple in violation of two patents owned by Masimo Corporation and Cercacor Laboratories, Inc. Apple, based in California, was accused of poaching key staff and stealing technology related to blood oxygen level measurement.
Most versions of Apple’s smartwatches have featured the contested blood oxygen feature since 2020, except for the lower-cost SE model. Previously sold watches are unaffected by the ban.
In response to the decision, Apple has also filed an emergency request with the US Court of Appeals for the Federal Circuit to lift the ban. The tech giant expressed strong disagreement with the USITC’s decision and exclusion order, pledging to take all measures to restore Series 9 and Ultra 2 watches to US customers promptly.
Masimo welcomed the White House’s decision, considering it a victory for the integrity of the US patent system and a benefit to American consumers who value a rewarding ecosystem for true innovation.
Kiki Garba
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