Apple is appealing a federal government ban on importing two of its smartwatches after a trade agency ruled that the products infringed on a competitor’s patented technology.
The iPhone maker filed documents in court on Tuesday seeking to overturn the October ruling by the US International Trade Commission that barred the company from selling the latest editions of the Apple Watch Series 9 and the Apple Watch Ultra 2.
The ban does not affect Apple Watch SE, a less-expensive model, which will continue to be sold. Previously sold watches will not be affected by the ban.
Apple said the ruling will cause “irreparable harm” to the company if it is not reversed.
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 U.S. as soon as possible,” Apple said in a statement on Tuesday.
The ITC determined that Apple violated patents linked to blood oxygen sensory technology that was developed by a rival firm, the medical technology company Masimo.
The latest versions of the two watches boast a pulse oximeter, which is used to measure the blood’s oxygen levels.
In 2021, Masimo went to court and accused the Cupertino, Calif.-based giant of stealing its patented technology.
Apple denied the claim and countered that it was Masimo which copied its own products.
Apple has separately sued Masimo for patent infringement in federal court in Delaware and has called Masimo’s legal actions a “maneuver to clear a path” for its own competing smart watch.
A Masimo spokesperson called the ITC decision “a win for the integrity of the US patent system, and ultimately American consumers.”
Apple began complying with the ITC ruling on Tuesday as it halted online and in-store retail sales of the two smartwatches.
Customers can still buy the Apple products outside of the United States. The two products in question were also available for sale through Amazon, Best Buy and Walmart as of Tuesday.
The Biden administration has declined to reverse the ITC decision.
A jury trial on Masimo’s allegations in California federal court ended with a mistrial in May.
Apple’s wearables, home and accessory business, which includes the Apple Watch, AirPods earbuds and other products, brought in $8.28 billion in revenue during the third quarter of 2023, according to a company report.
With Post Wires