Apple on Tuesday appealed a decision to ban imports of its watches based on a complaint from medical monitoring technology company Masimo (MASI.O), after US President Joe Biden’s administration declined to veto a government tribunal.
According to international media reports, the tech giant also filed an emergency request on Tuesday for the US Court of Appeals for the Federal Circuit to halt the ban.
It asked the Federal Circuit to pause the ban at least until US Customs and Border Protection decides whether redesigned versions of its watches infringe Masimo’s patents, and to put the ban on hold while the court considers Apple’s request. The customs office is due to make its decision on Jan. 12, Apple said.
Masimo has accused Apple of hiring away its employees, stealing its pulse oximetry technology and incorporating it into the popular Apple Watch.
The US International Trade Commission’s (ITC) order bars imports and sales of Apple Watches that use technology for reading blood-oxygen levels. Apple has included the pulse oximeter feature in its smart watches starting with its Series 6 model in 2020.
US Trade Representative Katherine Tai decided not to reverse the ban following careful consultations, and the ITC’s decision became final on Dec. 26, the Trade Representative’s office said on Tuesday.
An Apple spokesperson said the company has appealed the ban to the U.S. Court of Appeals for the Federal Circuit in Washington.
“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,” Apple said in a statement on Tuesday.
The ITC last week rejected Apple’s request to pause the ban during the appeal process and opposed Apple’s request for the Federal Circuit to halt the ban in a court filing on Tuesday.
