Apple has decided to appeal the decision to ban sale of its smartwatches in the US following the White House’s refusal to reverse the decision.
The ban was imposed by the US International Trade Commission (ITC), which found that Apple’s blood-oxygen sensor technology in its watches violated Masimo patents.
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The White House, with US Trade Representative Katherine Tai at the helm, had 60 days to review the ban but did not overturn it.
“After careful consultations, ambassador Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on 26 December 2023,” the Office of the US Trade Representative’s statement read.
Apple is going to the US Court of Appeals for the Federal Circuit to fight the ban.
In addition, the company has submitted an emergency request asking the court to suspend the ban on watch sales while its appeal is being reviewed.
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By GlobalDataApple’s Series 9 and Ultra 2 watches have been unavailable for purchase since 21 December online and 24 December in retail stores.
“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,” an Apple representative was quoted by Bloomberg as saying.
To address the issue, Apple has developed a software update for the affected watches and submitted the design to the US customs agency.
A decision on this update is expected on 12 January 2023.
If approved, it could allow Apple to resume sales of the affected models.
While Apple’s own retail channels are affected by the sales ban and import prohibition, other retailers such as Target, and Walmart can continue selling the products until their current stock is depleted.
The Series 9 and Ultra 2 models are significant contributors to Apple’s watch sales, though the Apple Watch SE, which lacks the blood-oxygen feature, is still available.
