(Updated) US Apple Watch Ban Now Paused After Apple Filed Emergency Appeal
- Laurent Giret
- Dec 27, 2023
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Update 11:55 AM ET: Reuters is reporting that a US appeals court has now paused the ITC’s import ban on Apple Watch Ultra 2 and Series 9 models until January 10. The original story follows.
After the Biden administration declined to overturn the ban on Apple Watch Ultra Series 9 and Ultra 2 in the US, Apple filed an emergency appeal of the ITC’s ruling yesterday. Earlier this fall, the US agency imposed a ban on Apple’s latest Watch models due to Apple violating two patents from medical technology Masimo related to blood-oxygen sensors, and the ban came into effect last week.
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“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 shared with Reuters. In its emergency appeal, Apple also explained that it’s planning to release a software update to address the patent dispute with Masimo, and the company also requested an emergency stay on the ban before the Exclusion Order Enforcement Branch of U.S. Customs and Border Protection decides to either approve or reject the changes on January 12.
“Apple will lose goodwill and suffer reputational damage from being unable to provide U.S. consumers with its newest flagship Apple Watch products,” Apple said in its appeal. At the moment, Apple has pulled its Watch Ultra 2 and Series 9 models from its online and retail stores, but the company is still selling the Apple Watch SE, which doesn’t feature the blood-oxygen feature that infringes on Masimo’s patents.
In the US, other retailers are also free to continue selling their existing inventory of Apple Watch Ultra 2 and Series 9 models until their supplies run out. However, importing the latest Apple Watch models in the US is currently forbidden. Last but not least, the US Apple Watch ban is also affecting repairs of older models with blood oxygen sensors, as Apple is currently unable to provide repairs or replacements for the Apple Watch Series 6, 7, and 8 models that are out-of-warranty.