After U.S. President Joe Biden’s administration failed to veto a government tribunal, Apple (AAPL.O) filed an appeal on Tuesday of the decision to ban imports of Apple (AAPL.O) Watches based on a complaint from Masimo (MASI.O), a business that makes medical monitoring technologies.
The International Trade Commission (ITC) of the United States has issued an order that, as of December 26, prohibits the importation and sale of Apple Watches that measure blood oxygen levels using patent-infringing technologies. Beginning with the 2020 Series 6 model, Apple has integrated a pulse oximeter function into its smart watch lineup.
After careful consideration, U.S. Trade Representative Katherine Tai chose not to revoke the prohibition; the ITC’s decision became final on December 26, the Trade Representative’s office announced on Tuesday.
“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 stated in a statement on Tuesday.
An Apple representative affirmed that the business has filed an appeal with the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., over the prohibition. Apple tried to get the restriction lifted while the appeal was pending, but the ITC denied their plea last week.
An inquiry for comment on Tuesday was not immediately answered by Masimo’s representatives.
Analysts at Stifel stated in a note that “our litigation expert predicted that a potential Apple appeal would extend the ‘final’ ITC case verdict roughly another year.”
Since last week, Apple has suspended sales of its Series 9 and Ultra 2 smartwatches in the US; but, as of Tuesday, the devices are still accessible from other stores like Amazon, Best Buy, and Walmart.
The less costly Apple Watch SE model is unaffected by the prohibition and will still be available for purchase. The restriction will not apply to watches that have already been sold.
Masimo has charged Apple with stealing its pulse oximetry technology, hiring away its staff, and putting it into the well-known Apple Watch.
