Apple has taken action against the International Trade Commission's (ITC) decision to halt the sales of the Watch Series 9 and Watch Ultra 2 models within the United States. An appeal was filed on Tuesday, citing concerns over "irreparable harm" to the company if these latest Watch models remain unavailable during ongoing legal proceedings.
The tech giant has urgently requested a temporary suspension of the ban for a minimum of two weeks. This pause would allow for the consideration of updated versions of the affected models.
The Office of the United States Trade Representative affirmed its decision not to overturn the ITC's ruling, which became final on December 26, 2023, following meticulous consultations led by Ambassador Katherine Tai.
Apple has vocally opposed the USITC's verdict and resulting exclusion order, expressing its firm intent to swiftly restore the availability of the Apple Watch Series 9 and Apple Watch Ultra 2 to consumers in the US.
While these models face restrictions in the US, they remain accessible for purchase outside the country. Apple has proactively promoted the Watch SE, unaffected by the import ban due to the absence of a blood oxygen sensor.
The ITC's ruling in October found that the blood oxygen sensor in the Watch Series 9 and Apple Watch Ultra 2 infringed upon two patents held by medical device maker Masimo. Subsequently, the case entered a 60-day Presidential Review Period within the Joe Biden administration, yet no action has been taken to date.
The enduring patent dispute between Apple and Masimo revolves around the technology behind the Watch's blood oxygen sensor (SpO2 sensor), underscoring the prolonged legal battle between the tech giant and the medical technology company.
(With Agency Inputs)
